The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations.
It can be seen that the company unilaterally reduces the wages of workers, which violates the basic principles of changing the labor contract and the labor contract without consultation between the two parties.
Because disguised salary reduction belongs to changing the contents of the labor contract, and the law stipulates that changing the contents of the labor contract requires the consent of both the unit and the employee, it is illegal for the unit to unilaterally change.
Although the company has the right to independently manage its internal affairs according to its own operating conditions, in order to protect the rights and interests of workers, if the company needs to adjust its post and reduce its salary, it should consult with workers. Unless it can be proved that the laborer is incompetent or still incompetent after training, the company can adjust his position and reduce his salary, otherwise it is illegal and the laborer can safeguard his rights and interests according to law.
Generally speaking, a company that resigns with a reduced salary can claim compensation.
If the company maliciously forces employees to resign through salary reduction, then employees can ask for financial compensation when they resign. For example, it is illegal for a company to transfer jobs by force, and it is also illegal for employees not to agree to leave their jobs automatically. In this case, if the company terminates the labor contract, the resigned employee can ask him to pay economic compensation. If the enterprise refuses to pay, employees can apply to the local labor arbitration institution for arbitration to safeguard their rights and interests.
If the company takes reasonable measures to reduce employees' wages, but employees do not accept and resign, they generally cannot get economic compensation. For example, if an enterprise finds that an employee does not meet the post requirements after assessment, it will adjust the post and reduce the salary of the employee according to the process stipulated by the company, but the employee does not accept resignation. At this time, the enterprise may not make economic compensation.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 30 The employing unit shall, in accordance with the stipulations of the labor contract and the provisions of the state, pay the laborers' labor remuneration in full and on time.
If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.
Article 35 The employer and the employee may change the contents agreed in the labor contract through consultation. Changes to the labor contract shall be made in written form.
The revised text of the labor contract shall be held by the employer and the employee respectively.