Can Employers Adjust Posts And Pay Salaries Privately?

Ms. Liu asked, "the company is going to give it to me.

At the same time, the salary is reduced by 10%. What should I do?

Answer: in such a situation, laborers can solve them in three ways.

1, workers themselves and employers to resolve through consultation.

Laborers have the right to require employers to resume their original jobs. If workers lose their wages due to illegal adjustment of Posts and wages, the workers may also advocate the illegal adjustment of jobs to the employing units through the labor and personnel dispute arbitration committee.

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2, complain to the labor supervision department.

One of the duties of the labor supervision department is to urge the employing units to abide by the law and discipline, and to correct or investigate illegal activities according to law.

The employer did not agree with the laborers and there was no justification for adjusting wages and salaries for the workers.

The labor supervision department has the right to conduct illegal activities of employers.

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3, ask the union to help.

When joining a trade union worker, he may ask the trade union to help himself negotiate with the employing unit when there is a dispute with the employing unit.

One of the duties of the trade union is to help members negotiate with employers, help members apply for arbitration or sue employers when necessary.

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In May 20th, Mr. Liu of a furniture factory consulted and consulted. In April this year, the factory received a batch of order contracts. Because of the large quantity of orders and the tight delivery time, the furniture factory decided to work overtime on Saturday.

Some workers are hard pressed to work overtime on Saturday because they have to take care of their children.

Despite repeated consultations, the two sides failed to reach an agreement.

As a result, the workers came home from work on time and did not enforce overtime regulations in the factory.

The factory leader said that the wages of those who did not work overtime should be withheld.

Excuse me, is the factory legal?

For this reason, the reporter consulted Cheng Ji Yan of Sichuan Shu Hui law firm. He said that in this case, the practice of the furniture factory violated the thirty-first provision of the labor contract law, and the employer must strictly enforce the labor quota standard, and can not arrange overtime work arbitrarily.

If it is necessary to work overtime, it is necessary to negotiate with the staff and pay the corresponding overtime.

In this case, furniture factories and workers fail to negotiate. They should not force employees to work overtime by withholding wages.

At the same time, Cheng said that according to the forty-fourth provision of the labor law, overtime pay should be paid within the standard working day, not less than 150% of the wages paid. If the overtime worked on rest days, the salary paid for not less than 200% of the salary can be paid, and the wages paid by the workers on the statutory holiday days should be paid not less than 300%.

If the unit refuses to pay overtime, it can complain to the labor supervision department.

"It may also apply for labor arbitration or prosecution to the local labor department, and seek legal advice according to law."

Cheng lawyer said.