Job transfer and salary reduction are common issues in labor disputes. When an employee is notified by the employer to transfer to a new position and reduce wages, then this behavior is inLawsHow should we look at it? This article will use a high-court precedent to address this issue and reveal how workers can protect their rights and interests in the face of job transfer and salary reduction.
According to Anhui ProvinceHigh People's CourtEmployers have a certain degree of autonomy in employment and have the right to reasonably adjust the job positions and remuneration standards of employees. In this case, Xiao already knew about his position and salary adjustment in March 2016, but still chose to work in the new marketing department. Both parties recognized this fact, so the original judgment found that Xiao had accepted the post adjustment and salary payment method with practical actions, which was reasonable.
However, it is understandable that workers are dissatisfied with the salary reduction package. In the face of such a situation, the worker can raise an objection and leave evidence to protect his rights and interests. At the same time, workers can also consider reporting the infringement of their rights and interests through the labor inspectorate.
In this case, Xiao claimed that the basic salary of his position included overtime wages, so he requested the company to pay overtime wages. However, according to the relevant provisions of the labor law, Xiao's overtime hours did not exceed 36 hours per month, so he did not request overtime wagesLawsBasis.
There are two ways to think about this. First of all, Xiao should actively understand the provisions of the labor law in order to clarify his rights and interests. Second, employers should establish a reasonable wage system and fully communicate with employees to avoid disputes over overtime wages.
In the original judgment, Xiao's claim for payment of overtime wages and compensation for arrears of annual leaveCourtsIt is considered that it should be dealt with by the labour inspectorate. Although this judgment is not very reasonable, in view of the fact that the company has arranged for Xiao to take a compensatory leaveAnnual leaveIt is understandable that the original judgment did not support Xiao's request for annual leave wages.
In addition, aboutSocialInsuranceThe problem does not belongCourtsScope of acceptance of labor disputes. Therefore, Xiao's request will not be thereLabor dispute cases.
Both employees and employers should strengthen communication on the above issues and ensure that their respective rights and interests are reasonably protected.
From the perspective of workers, in the face of job transfer and salary reduction, workers should reasonably exercise their rights while protecting their own rights and interests. Workers can raise objections and leave evidence to protect their rights and interests. In addition, workers should not blindly go to work in a new position when faced with a job transfer and salary reduction, which may beCourtsIt is determined that it is a change in the employment contract, which leads to further loss of rights and interests.
For the judiciary, a more lenient attitude should be taken towards workers who have been transferred. Because in this categoryLabor dispute casesThere is controversy over the perception of the correct way for workers to cope. These kinds of problems can be better addressed by giving workers more guidance and support.
Be in good shapeLabor RelationsBoth workers and employers should strengthen communication and understanding when transferring jobs and reducing wages. Only through the active efforts of both sides can a fair and reasonable solution be achievedLabor Relationsstability and harmony.
First of all, when faced with job transfer and salary reduction, workers should actively exercise their rights and leave evidence to protect their rights and interests.
Second, employers should establish a reasonable wage system and fully communicate with employees to avoid labor disputes.
Finally, the judiciary should adopt a tolerant attitude and give more guidance and support to workers to resolve labor disputes.
By working together, we can build harmony and stabilityLabor Relationsto protect the rights and interests of workers and the legitimate operation of employers.