Is It Legal To Eliminate The End, Adjust The Post And Reduce The Salary?

What worries you most is that in addition to the rice bowl, there are various "last resort" measures adopted by the unit through internal rules and regulations or labor contracts.

Are these practices legal? How should workers and employers face it? Wu Xin (a pseudonym) acts as a housing agent in a housing company.

In recent years, housing prices have risen sharply, and Wu Xin's income has been greatly improved.

But by contrast, her performance has been left behind by other colleagues.

At the end of 2016, Wu Xin got a bottom line in the company's performance appraisal and got a comment on "waiting for improvement".

Soon, the business system and personnel system she worked for in the company was forced to close.

The head of the company's human resources department told Wu Xin that because of her poor performance, the company had eliminated her.

Wu Xin thinks he works very hard and is now very upset.

But the company told Wu Xin that the last elimination has been written into the company.

In addition, when employees enter the company, they have not only signed relevant confirmation letters, but also have agreed in both labor contracts.

After paying Wu Xin's corresponding salary, the company informed Wu Xin to leave the unit as soon as possible.

Wu Xin argued that the company had broken the law against her "last resort" and had a dispute with the company.

In March 2017, the court of second instance decided that the real estate company's final elimination of Wu Xin was an illegal labor termination and decided that the company would pay Wu Xin more than 6 yuan compensation for illegal labor relations.

Analysis: according to the relevant provisions of China's labor law, the employer can terminate the labor contract only two forms: first, the workers are seriously violating the unit rules and regulations; two, the laborers are not competent.

A worker who violates rules and regulations must be deliberately or negligently negligent.

The final assessment is to distinguish an objective state of advanced and backward rather than the subjective behavior of employees.

In other words, as long as there is a ranking, the final elimination is inevitable.

In addition, the law does not allow employers and workers to stipulate in the labor contract "

"On the grounds of the termination of the labor contract.

Xiao Dong (a pseudonym) is a salesperson in a car company.

In this year's internal performance, he ranks first.

A few days ago, Xiaodong had already received the notice from the company, and the salesmen with poor performance in each department exchanged posts with each other. Xiao Dong had to rotate to the after sales service center.

Xiaodong is not familiar with the after-sales service business, and compared with the sales department, the sales department's bonus and royalty are much less. Xiaodong is reluctant to go to the after-sale department. Therefore, he repeatedly expressed his hope to the leader that he could stay in the sales department.

Xiaodong believed that when he first entered the company, the two sides agreed to do their own sales, if the company arbitrarily pferred to their posts, is illegal.

The two sides dispute this.

Analysis: Although the employer's dismissal of employees in the last place is not permitted by law, the law does not prohibit the assessment of employees, nor does it completely prohibit the "last resort" measures of enterprises.

For employees who assess the last position, the unit can make the way permitted by law.

If the final assessment of workers is not enough for the job, according to the relevant provisions of the labor contract law, enterprises should first train workers or adjust their jobs.

At the same time, it is also stipulated that if the workers are still not competent to train or adjust their jobs, they can notify the laborers in writing 30 days in advance, or pay the workers one month's wages to cancel the labor contracts.

In other words, after training or post adjustment, if workers are still not competent, enterprises can achieve the goal of "elimination at the end."

Lili (a pseudonym) is a securities company's business personnel, performance for two consecutive years ranked in the bottom of the unit.

Because the labor contract signed has not yet expired, so Lili's work has been temporarily preserved.

But leaders have talked with Lili many times, hoping to re sign labor contracts with Lili and appropriately reduce her wages and bonuses.

Although Lili refused, Lili knew that if he had refused all the time, he would be eliminated after the labor contract expired.

Lili would like to know that the bottom line of performance ranking, the company pay their own legitimate wages?

Analysis: laborers enjoying wages is one of the most basic contents of labor contracts, which should be determined by the two sides.

According to China's "

The provisions of the thirty-fifth article, by employing units and workers in consultation, and in written form, can change the content stipulated in the labor contract.

The changes here are conditional on mutual negotiation.

This means that in the final assessment process, employers and workers can change their wages after consultation.

Therefore, the process of democratic consultation is a necessary condition for reducing wages in the final elimination process.

It is worth noting that even with the consent of laborers, the ultimate salary reduction must be severely restricted.

That is to say, the employing unit shall link the examination with the remuneration of labor remuneration, bonus and other wages through the form of labor contracts or public notification, and shall not violate the relevant provisions of laws and regulations.

For example, the salary of probationary period shall not be lower than the minimum wage of the same post of the unit or 80% of the wage stipulated in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

It can be seen that the "last pay reduction" has strict legal regulation and procedural requirements.

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