Some employees received a call from HR and were told to reduce their salary by 10%; some people were deducted for not responding to the WeChat group news in a timely manner; others were still being paid for their company's outstanding performance ...

You can have a "paw your head" to reduce your salary in the face of adversity.

Our reporter Zhao Hang

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During the epidemic, it is not necessarily illegal for companies to choose a salary cut to reduce costs, but some companies are trying to cut the legal bottom line. Lawyers reminded that in a special period, enterprises and employees can "share difficulties", but they need to negotiate in accordance with laws, regulations, and reasonable. In addition, after "coming together," we never forget to be "sweet" with our employees.

During the epidemic, some enterprises took measures to reduce employee wages and welfare benefits to control operating costs in order to weather the temporary difficulties of declining economic benefits, which was understood by most employees.

However, some employees complained to the “Workers' Daily” reporter that the salary was reduced by the “wonderful” experience: someone received a call from HR and was told that the salary was reduced by 10%; someone was deducted for failing to respond to the WeChat group news in a timely manner; and some were company performance Piaohong is still being cut ...

"Salary pay cuts in extraordinary times are not necessarily illegal, but some companies are trying to test the bottom line of the law." Labor law expert and lawyer BOC Lawyer Yang Baoquan reminded that companies and employees can "common difficulties" in special times, but they need to follow the law. Negotiate wages in a reasonable and reasonable manner. He also suggested that enterprises that "shared their troubles" with their employees during the epidemic should not forget to be "sweet and sweet" with their employees after the epidemic had resumed normal production and operation.

$ 200 off after taking a bath

On March 6, Zhou Jianhua, a manager of a technology company in Beijing, received a call from the company's HR. "In order to ensure the long-term healthy development of the company, the company may have to reduce its salary. It is proposed that the department manager be required to attend at all times throughout the month and receive salary at 90% ..." The call reduced his salary by 10%, which is equivalent to a salary loss of nearly 2,000 yuan. Subsequently, the company issued a formal salary reduction notice in the nail group.

Zhou Jianhua bought a house in Beijing with a loan a few years ago, carrying a mortgage of more than 10,000 yuan per month. Even though he repeatedly expressed dissatisfaction, the salary cut was still implemented.

In some cases, the business has become popular during the epidemic, and employees are still facing pay cuts. According to media reports, a well-known housing company collectively cut wages in March, management cut a third, and ordinary workers cut a quarter. In February, the company launched a live online home viewing business, which led to a wave of home viewings, and the company's February performance turned up.

According to the February salary slip of an employee of the enterprise, the basic salary and post salary of the month totaled 4,500 yuan, but the absence of deduction was 3103.5 yuan, and the income on hand was only 48.37 yuan. "Home office is not normal attendance, but some people also work remotely from home." The company's sales Chen Xi told reporters.

According to the reporter's investigation, although some companies did not explicitly indicate a salary cut, some employees reported that with the introduction of new company regulations, the risk of being deducted has increased.

"A lot of work is done through WeChat in special times. If you do n’t respond in a timely manner, it will cause work to be unsmooth and even cause losses to the overall work. Therefore, in order to prevent special losses, from March 15, 2020, the company adopted WeChat, QQ, etc. If you contact me directly and work in the group, you will not reply within 15 minutes (including the 15th minute). You will get a salary reduction of 100 yuan three times a month. Multiples exceeding 15 minutes will be counted based on the number of times. Example: 45 minutes without a reply , It is 3 times, and so on. If it reaches 5 times, the salary is reduced by 300 yuan ... "

The company's newly released system in the office WeChat group made employees feel helpless. Not long ago, she was deducted 200 yuan because she failed to respond to the work in the group in time.

The "notice" sent to reporters by Liu Xiaoyan also specifically emphasized that "monthly refers to the natural month. Although there are half a month in March, but more than three times, it is also calculated as the whole month."

What is the correct "stance" for pay reduction

Is it legal for companies to adopt "extraordinary measures" to reduce wages during unusual times?

In February, the Ministry of Human Resources and Social Security issued a notice stating that if an enterprise suffers from difficulties in production and operation due to the impact of the epidemic, it can stabilize the job by negotiating with employees to adjust remuneration, rotating shifts, and shortening working hours.

"The legitimacy of wage reduction depends on the way wage reduction is adopted by the unit. If wage reduction is negotiated with employees, the law allows it. If the unit's own salary structure has a performance salary or a floating salary part, normal performance assessment leads to reasonable salary adjustments It is also allowed. "Lawyer Yang Baoquan said.

Article 4 of the Labor Contract Law stipulates that when an employer formulates, revises, or decides on rules and regulations or major matters concerning labor remuneration, working hours, rest and vacations, insurance benefits, etc. that directly affect the employees 'vital interests, it shall be subject to the Workers' Congress or the general assembly. Staff discussions, proposals and opinions are made on an equal basis with the trade union or staff representatives.

"In other words, without consultation during the epidemic, it is illegal for a company to unilaterally decide to reduce wages or deduct employee wages," said Xia Sunming, a senior partner at Beijing Zhongyou Law Firm. Unilateral pay cuts such as notices are not advisable.

What is the correct "pose" for salary reduction? Xia Sunming gave an example to reporters.

The epidemic situation once stretched the funding situation of Shanghai Xiangwang Laundry Company. In February, due to the isolation of employees' homes, how did the company's more than 100 employees earn 1 million yuan in monthly salary? At this time, many employees proposed "to coexist and die with the enterprise without paying a penny." However, the company's management chose to sign a "temporary salary reduction agreement" with the employees under the organization of the company's labor union, and agreed that the salary in February should be paid according to the Shanghai minimum wage standard.

"The temporary agreement signed with the employee's name in one stroke freed the enterprise from legal risks, and made the attitude of mutual respect and hand in hand in a crisis situation jump on the paper." Xia Sunming said with emotion.

Don't forget "Together" after "Same Adversity"

In February this year, the video of the chairman of the catering company Laoxiangji Shu Congxuan "raged" an employee's salary cut letter. "Even if you are selling a house or a car, make sure you have food and work in class!" Shu Congxuan said in the video.

In the opinion of Cong Xiangze, the director of human resources of a well-known Internet company, such a move not only shows the feelings of an entrepreneur, but also infiltrates the way of running a successful business. He believes that some wage reductions have also sent a signal to the market when they were tempted on the brink of illegality: "This company is not working."

Cong Xiangze reminded that companies with conditions should not easily reduce their wages. "Compared to salary reductions, fluctuations in people's hearts and brain drain caused by layoffs, and recruitment and training costs for rehiring new recruits after the epidemic is over. The benefits and stability of veteran employees are also far superior to the overall wage reduction of the enterprise from a cost perspective. "

Yang Baoquan introduced that although the law provides for legal wage reductions, the legal penalties faced by illegal wage reductions are also very clear. "If the rights and interests of employees are arbitrarily violated in an epidemic situation, it may lead to more labor disputes in the later period, which is not conducive to the long-term development of the enterprise; if the standards of employee rights and interests are still adhered to in the epidemic situation, people are affectionate. Humane companies will not be easily defeated. "

Most of the companies interviewed by reporters for reducing wages did not stipulate the end time of salary reduction or remedial measures after the epidemic. Zhou Jianhua wondered: "Will my salary be reduced during the epidemic, can it be raised again after the epidemic?"

After tearing the joint salary cut letter for employees, on March 18, Laoxiangji held a low-cost local press conference again. "At present, Laoxiang Chicken has obtained bank credit and strategic investment totaling 1 billion yuan, and will accelerate the nationwide distribution by 2020." Shu Congxuan's speech at the press conference was praised "releasing the strong confidence of the catering industry to face the epidemic challenge."

Xia Sunming felt that there was another hidden meaning. "This reminds companies and employees not to forget" common sweetness "after suffering the same affliction, and companies that respect employees will also win market respect." He suggested that when an enterprise goes through an extraordinary period and returns to normal working conditions, it is necessary to restore employees' Wages.

(Zhou Jianhua, Chen Xi, Liu Xiaoyan, Cong Xiangze are pseudonyms)