For Employees To Adjust Posts And Pay Salaries: How To Deal With Them Without Consensus?

First of all, employers have the right to adjust jobs for workers, usually based on the following two situations: first, according to the fortieth provision of the labor contract law, if workers are sick or injured by non work, they can not engage in the original work after the prescribed medical treatment expires; the employer can arrange the work separately; if the worker is not competent, the employer can also adjust his job; two, it is a clear agreement between the employer and the worker.

If the employer has made a clear agreement with the laborers in the labor contract according to their own production and operation conditions, the employer has the right to arrange the posts for the workers.

If the employer and the laborer did not make written agreement in advance, but after the two sides agreed to adjust their posts, they also belonged to the two parties. That is to say, the objective situation which was based on the conclusion of the labor contract changed significantly, resulting in the labor contract could not be fulfilled. The employer could negotiate with the laborers to reach an agreement on changing the contents of the labor contract, that is, the two sides agreed to coordinate the posts, and also fully respected the real intention of the two parties.

In August 2013, after being introduced to A company for architectural design work, the two sides signed a written labor contract for 3 years. The labor contract stipulate: "a basic salary is 8000 yuan per month". At the same time, the contract stipulate that "employers can adjust their jobs and wages according to the conditions and needs of production camp".

In addition, because the acquaintance introduced, the two sides privately agreed: according to the monthly work of a month, the bonus is 4000 yuan.

After entering the office, he has been doing well during his work. In May 2014, A changed the relevant person in charge.

In July 2014, A made a meeting minutes for the general manager's office meeting to ensure that the company did not lose money for the year, and adjusted some of its employees' remuneration.

At the same time, on the basis of "a large number of complaints from clients during the working period", the position of Jia is adjusted from the architectural design post to the administrative assistant post of the architectural design office.

After repeated consultations, the two sides failed. A unilaterally reduced its wages to 6000 yuan from September 2014, with a bonus of 2500 yuan.

In response to this, he applied for labor arbitration to the labor and personnel arbitration commission in November 2014 and asked the company to pay the wage difference which was illegal due to the adjustment of Posts and salary cuts.

A failed to give relevant evidence in the court trial to refute the opposing party's claim.

The labor and personnel Arbitration Commission considers that, first of all, A company has no reasonable and legitimate basis, and it is obviously illegal to adjust wages and salaries for Zhang Zhang for no reason. Therefore, the wage difference should be paid according to the law.

(1) wages in this case

It involves two questions.

First, oral agreements can also serve as a basis for bonuses.

As a form of wage, bonus has its particularity, generally allowing the employer to decide whether to issue and distribute.

Arbitration institutions often judge according to the specific stipulations of the two parties, that is, if the bonus clause is a conditional agreement, the company's business condition can also be used as one of the changeable conditions.

In this case, the employer's salary reduction is based on the summary of the general manager's office meeting and no legal procedures such as consultation between the two sides. Therefore, it violates the thirty-fifth provision of the labor contract law. "Employers and workers can agree to change the content stipulated in the labor contract by consensus."

Secondly, we should reduce the deficit.

The basis for compliance shall be in accordance with statutory or agreed circumstances.

As for the agreed circumstances, if the contract is to be changed, the two parties should reach a written agreement, or conform to the Supreme People's court's hearing.

Four of the interpretation of the case, eleventh, "the amended labor contract is not in written form, but has actually fulfilled the labor contract that has been changed orally for more than a month, and the content of the labor contract after the change does not violate the laws, administrative regulations, national policies and public order and good customs. The people's court shall not support the change of the labor contract if it is not valid in writing."

Regulations.

In terms of the legal situation, it is mainly embodied in the fortieth sections and third paragraphs of the labor contract law "the objective situation on which the labor contract is concluded is greatly changed, resulting in the inability of the labor contract to be carried out, and the agreement between the employers and the workers can not be reached on the change of the contents of the labor contract."

In connection with the case, the employer violated the relevant laws and regulations, and failed to give evidence to prove that the company actually had a business loss and other related facts.