1. Is it legal to adjust the post and salary agreed in the labor contract?
In the absence of major changes in the company's situation, the company must negotiate with the workers to adjust their jobs. If the negotiation fails to reach an agreement, the company has no right to unilaterally adjust the workers' jobs. This is a statutory clause, and such an agreement in the contract is invalid. Laborers cannot leave their jobs voluntarily. If the company wants to fire workers, it should give them a notice to terminate the labor contract. If there is no legal reason, the dissolution of the labor contract by the company shall constitute illegal dissolution. Workers can apply for labor arbitration with the notice of dissolution issued by the company, and ask the company to pay compensation for the illegal termination of the contract. The standard is twice the economic compensation. Economic compensation is the employee's working years in the company, and every full year is one month's salary. This salary is the average salary of the laborer 12 months before the termination of the contract. Half a year counts as one year, and part of it counts as half a year.
Second, if an enterprise wants to legally adjust its position and salary, it can have the following behaviors:
1, the employer shall formulate an operable post adjustment and wage adjustment system.
2. It is clearly stipulated in the labor contract that the employer can adjust the post and salary of the employee after consultation with the employee, which is legal.
3. Post adjustment and wage adjustment should be based on effective rules and regulations, and post adjustment and wage adjustment according to regulations can ensure their legitimacy. If the employing unit exempts its legal liability and excludes the rights of workers, it is invalid.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis:
Article 17 of the Labor Contract Law of People's Republic of China (PRC) shall have the following provisions: (1) the name, domicile and legal representative or principal responsible person of the employing unit; (2) The name and address of the laborer and the number of the resident identity card or other valid identity documents; (3) The term of the labor contract; (4) Work content and work place; (five) working hours and rest and vacation; (6) Labor remuneration; (7) Social insurance; (eight) labor protection, working conditions and occupational hazard protection; (nine) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits. Article 40 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
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