Do Employers Have The Right To Reduce Wages Unilaterally?
First,
Labor contract
From the date of signing, it shall be legally binding upon both parties and shall be performed in accordance with the contract.
The seventeenth clause and second paragraph of the labor law stipulates: "the labor contract is legally binding when it is concluded in accordance with the law, and the parties must fulfill the obligations stipulated in the labor contract."
Since the two parties have agreed through consultation, the monthly salary of the labor contract is 1600 yuan, so long as the worker fulfil his labor obligations, the company must fulfill the obligation to pay the full wages according to the labor contract.
Two.
Unilateral reduction of wages
In fact, unilateral alteration of labor contract is a serious violation of law and breach of contract.
According to the first paragraph of the seventeenth article of the labor law, the conclusion and modification of labor contracts shall follow the principle of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.
It can be seen that without the negotiation of the two sides, the company's unilateral reduction of the wages of the workers violated the basic principles of changing the labor contract, and also violated the stipulations in the labor contract.
Therefore, employing units can not unilaterally reduce workers' wages without any reason.
Three, the unilateral reduction of wages is actually an act of deducting wages. The original labor department's office of the Ministry of labour ([1994]289) stipulates that "deduction" refers to the employer's obligation and responsibility for fulfilling the labor contract, and the worker who completes the production task with quality and quantity guarantees does not pay or pay his wages in full.
The supplementary provisions of the Ministry of labor of the former Ministry of labour further stipulate that "deduction" means that the employer has deducted the wages due to the workers without justifiable reasons, that is, when the laborers have provided normal labor, the employer should pay all the labor remuneration to the laborers according to the standards stipulated in the labor contract.
At the same time, if workers lose their wages, they should pay 25% of the total wages.
Economic compensation
。
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