The Company Unilaterally Reduced The Proportion Of Employees After The Resignation Of The Right To Pay 100 Thousand

Xiao Zhang made a sale in a company in Zigong in 2010 years. The company paid the salary of Xiao Zhang according to the standard of "basic salary 1500 yuan + royalty + Award".

However, in 2015, the company reduced its royalty ratio without consulting with Xiao Zhang and other staff, which directly led to a decrease of tens of thousands of Yuan's income.

To this end, Xiao Zhang took the company to court and asked for his due labor income.

Recently, the case was settled by the Zigong beach court. The company has made up 100 thousand yuan for the deduction of Xiao Zhang.

Company unilaterally reduce royalty ratio

Employee prosecution to court

In July 2010, Xiao Zhang went to a certain company in Zigong to engage in sales work. The two sides signed a labor contract. The labor contract only stipulated that the company should pay the wages paid by Xiao Zhang in Renminbi in accordance with the state regulations.

Standard and amount.

However, in the actual performance of the contract, the company pays the wages of Xiao Zhang according to the standard of "basic salary 1500 yuan + royalty + Award".

At the same time, the company issued and announced the annual sales target task assessment plan, stipulates the sales commission ratio in different regions.

"By 2015, the company was not with everyone.

In the circumstances, the reduction of the royalty ratio and the payment of our wages according to the new royalty rate directly lead to a reduction in our income.

After the incident, Xiao Zhang went to the company to ask for a refund of the balance and failed to submit the resignation report, leaving the company.

Soon after, Xiao Zhang applied for arbitration, requiring the company to pay the economic compensation for the cancellation of the labor contract and the royalty income which was not paid in full.

Arbitration supported Xiao Zhang's request.

The company refused to accept the complaint to the beach court.

The percentage of royalty should not be reduced without authorization.

The two sides negotiated 100 thousand yuan for staff.

The labor dispute case was accepted by the court in Zigong.

In the process of trial, the two sides are more antagonistic.

The company believes that according to the characteristics of production and operation and economic benefits, it can independently determine the wage distribution method and wage level of the unit, and the change of employee's royalty ratio belongs to the right of self allocation of the company's management and management. It does not need to consult with employees, and the employees will continue to work in the company without authorization or leave the company.

In this regard, Xiao Zhang believes that royalty income is part of the remuneration component. The company has reduced the royalty rate without consulting with the staff, violated the legitimate rights and interests of the employees, and the employee has the right to choose to terminate the labor contract and get the economic compensation and the difference payment.

After the trial, the court held that the royalty income was an integral part of the remuneration, and the remuneration remuneration was an important part of the labor contract. The enterprise had no right to unilaterally change it arbitrarily. If it really needs to be changed, it should consult with the laborers and record the wage adjustment plan to the labor administrative department.

For this reason, the judge patiently conducted publicity on relevant legal knowledge to the person in charge of the company to make it aware of the illegality of the company's behavior.

After repeated mediation by the court, the two sides finally reached a conciliation agreement, and the company made up a total of 100 thousand yuan for the small Zhang's royalty income.