In the face of unilateral unreasonable job adjustments and salary cuts by the company, how employees deal with the results is very different
Encountering "willful" job transfers, passive sabotage and suffering big losses
Our reporter Wu Duosi Our correspondent Ma Anni
Job adjustment and salary reduction are matters that often cause labor disputes during the performance of labor contracts.
From the perspective of the enterprise, as an employer, it is a need and a manifestation of exercising the right to self-management of personnel through post adjustment and salary reduction;
What should employees do when faced with job transfers and salary cuts?
From a manager to a security guard, the salary is reduced by 4,000 yuan per month
After being informed of job transfers and salary cuts, Wang Mouwen, who lives in Tacheng City, Xinjiang, responded passively and lost some of his due rights and interests.
Wang Mouwen was originally the manager of a security service company in Tacheng City, Xinjiang.
In December 2020, the security service company removed Wang Mouwen from his manager position and adjusted him to work as a security guard.
In December 2020 and January 2021, Wang Mouwen signed "Security Service Contracts" with two schools in the name of agents of other security companies, and his original unit made a decision to terminate the labor relationship after learning about it.
The case went through one trial and two trials. The Intermediate People's Court of Tacheng District, Ili Kazakh Autonomous Prefecture, Xinjiang Uygur Autonomous Region held that a security company in Tacheng City reduced Wang Mouwen from a manager to an ordinary security guard, and reduced his labor remuneration from 6,600 yuan to 2,600 yuan. Yuan, which obviously does not comply with the labor contract.
However, Wang Mouwen should take legitimate reasons to protect his legitimate rights and interests, and he should not be absent from work or passively slow down on the grounds of dismissal.
Moreover, Wang Mouwen established labor relations with other security companies, which violated the labor discipline and rules and regulations of the employer.
Therefore, the termination of the labor contract between a security company in Tacheng City and Wang Mouwen should be a legal termination.
In the end, the court ruled that a security company in Tacheng paid Wang Mouwen a bonus of 9,163 yuan from January to November 2020, and rejected Wang Mouwen's remaining claims.
Unilateral job transfer, employees do not have to obey unconditionally
Also faced with the unilateral transfer of posts by the company, Dong Mouxiang treated him rationally and finally recovered his legal rights.
Dong Mouxiang was transferred to a geotechnical company in Xinjiang in 2019 as the deputy manager of the comprehensive management department.
In the labor contract signed by the two parties, it is stated: "Party A and Party B agree that the labor contract performance place is Class A, which belongs to the construction construction enterprise. Due to the strong work mobility, the work place changes with the project, and the contract performance place changes due to work needs. The specific place It is not stipulated separately in the contract..."
On January 22, 2021, the company decided to transfer Dong Mouxiang from his post in the Comprehensive Management Department of Urumqi City Organs to a third-level staff member in an engineering project department in Wushan County, Chongqing City, and asked Dong Mouxiang to report on the day of the notification. Be sure to report to work within 5 days.
Dong Mouxiang disagrees with this.
Half a month later, the company provided a statement to the trade union that "Dong Mouxiang has not reported to a project department in Wushan County so far, and has been absent from work for more than 15 consecutive days."
The next day, the company issued a "Certificate of Dissolution or Termination of Labor Contract (Relationship)" to Dong Mouxiang and refused to give any compensation.
After the case was brought to the court, the court held that although the two parties agreed on post adjustments in the contract, the company transferred Dong Mouxiang from one city to another, which did not comply with the contract that the work location changes with changes in engineering projects and work needs. The requirements have gone beyond the content of pure job adjustment.
In the case that Dong Mouxiang disagreed, the company transferred him from his post in the General Management Department of the agency and adjusted him to a third-level staff member, which also did not comply with the contract.
The company determined that Dong Mouxiang's failure to arrive at work was absent from work, which did not comply with the law.
The company did not reach an agreement with Dong Mouxiang and unilaterally transferred the post, and Dong Mouxiang had the right to refuse.
In the end, the court ruled that a geotechnical company in Xinjiang had illegally terminated the labor contract and should pay Dong Mouxiang compensation.
Job adjustment needs to be negotiated with the workers
Chen County signed an open-term labor contract with a bank in Xinjiang, agreeing that the job position is determined according to the post agreement, and then signed the "Post Agreement" to specify that his position is the information technology post of the operation management department of the bank.
Last year, the bank transferred him to the sales department on the grounds that "Chen Jun is not qualified for the current job and needs to be adjusted" and asked him to arrive at the post within three days.
Chen Moujun disagreed, and sent an email to the Human Resources Department with the title "Disapprove of post transfer", and received a reply on the same day saying that "post adjustment was made by the party committee's research."
Chen County appealed to the court.
The court held that a bank in Xinjiang did not submit evidence to prove that Chen County's job adjustment was due to his work ability.
Wang Ting, a lawyer from Xinjiang Siwei Law Firm, reminded: "The company needs to reach an agreement with the workers on job transfers. Without the consent of the workers, it is not allowed to transfer jobs without permission. If the job is transferred privately, the workers can apply for labor arbitration or sue, and must not be passive. , against the unit by not going to work.” (Worker’s Daily)