"I want to lift the contract"!The 620,000 annual salary director was reduced to 120,000 annual salary supervisors. Will the company compensate and pay 430,000? Will the court support it?

It is not uncommon for job transfer. Some workers choose to swallow the voices, while others are in charge of the book. According to a civil judgment disclosed by the China Magistrate Document Network, a company director in Beijing was reduced by the company as a job negligence, and the salary was adjusted to 120,000 yuan/year. The employee did not do it, and it was clearly required that the company's compensation and payment of wage performance were 430,000, but the company refused. Let's see how the court finally judged?

The director was reduced to the supervisor, and the annual salary dropped to 120,000

According to a civil judgment, Wang joined a company in Beijing on April 1, 2015 as the director of security. On January 1, 2016, the two parties signed a non -fixed -term labor contract. The basic annual salary is 80 %, and the annual salary of performance assessment accounts for 20 %. In October 2018, the annual salary was adjusted to 620,000 yuan. Since November 1, 2019, it has been adjusted to an annual salary of 120,000 yuan.

Article 6 of the labor contract between the two parties stipulates that "Party A shall be adjusted according to the needs of the work operation and the actual ability (professional, work, physical strength, etc.) of Party B, which can adjust the posts, work content, and place of work of Party B. In this case, Party B, Party B Salary and job treatment have also been adjusted accordingly, and Party B agrees. "

On October 31, 2019, the company made salary and reduction of their posts on the grounds that Wang had a job negligence during his work, and reduced Wang to the competent post, and adjusted the salary to 120,000 yuan/year.

On December 10, 2019, Wang sent the company to the "Notification Letter on the Salary and Salary of your company's illegal reduction of the law."

On November 7, 2019, Wang filed an application for arbitration and requested the following:

Lift the labor contract with the company;

The company pays the labor contract for the economic compensation of 158883.75 yuan;

The company pays the annual performance salary of 124,000 yuan from January 1, 2019 to December 31, 2019;

The company pays the salary difference from November 1, 2019 to November 30, 2019; 32333.33 yuan;

The company pays the annual leave of 75220.59 yuan from January 1, 2019 to December 31, 2019;

The company paid the salary difference from December 1, 2019 to December 31, 2019, 45534.92 yuan, etc., with a total amount of 435,800 yuan. However, the Arbitration Commission did not support it.

Picture source: Photo Network -501036506

Both Wang and the company did not accept the arbitration award and sue to the People's Court of Changping District, Beijing. Wang believes that the company has not negotiated with him, and the unilateral adjustment and salary reduction behavior has violated the provisions of the Labor Contract Law and violated his legitimate rights and interests. In accordance with Article 38 of the Labor Contract Law, he has the right to terminate the labor contract.

First instance: Company compensation and salary of 340,000; second instance: Maintain the original judgment

The People's Court of Changping District, Beijing believes that the release of the economic compensation of the labor contract, it is necessary to point out that the post -employment is an important manifestation of the use of the self -employment of employers, but it does not mean that the employer can be transferred at will, and employers can be adjusted at will. The unit adjustment of the unit should consider the production and operation needs or the personal ability of the workers, the level of salary after the post -post adjustment is equivalent to the original position, the post -adjustment is not insulted and punished, and the job transfer will not increase the labor cost of the workers.

In this case, the company's salary and salary of Wang transferred from the director to the supervisor. The annual salary was reduced from 620,000 yuan to 120,000 yuan. Obviously, the company was not in line with the above -mentioned post -adjustment factors. Essence Wang did not recognize the company’s salary reduction, clearly required the company to compensate it, and requested the termination of the labor contract between the two parties during the arbitration process. Therefore, the company should pay Wang to relieve the economic compensation of the labor contract.

After calculation, Wang's monthly salary standard is three times that of the average salary of the average salary of employees in Beijing's legal person units in 2018. Contract economic compensation 158883.75 yuan.

Regarding the performance salary of 2019, the evidence submitted by the company is not enough to prove the rationality of the above deduction, nor does it submit the evidence to prove the specific details of the above deduction and the assessment of Wang. With Wang's annual salary and working hours of 20 % of Wang's annual performance assessment, the company should pay Wang's annual performance salary of 105333.33 yuan from January 1, 2019 to December 9, 2019.

In summary: 1. The company pays Wang to lift the economic compensation of the labor contract 158883.75 yuan;

The company pays Wang from January 1, 2019 to December 9, 2019, the annual performance salary of 105333.33 yuan;

The company pays Wang's November 2019 salary difference 25206.89 yuan;

The company paid Wang Mou's annual vacation salary of 53210.64 yuan in 2019, with a total of 342,500.

However, the company did not accept the first trial judgment and filed an appeal to the Beijing First Intermediate People's Court, arguing that the termination of the labor contract was proceeded by Wang, not the company's proposal, so they did not agree to pay the economic compensation.

The Beijing First Intermediate People's Court believes that the controversy in this case is that the company has adjusted the post on Wang. Although the employer agreed on the labor contract between the two parties can adjust the job of the workers according to the needs of the work operation, except that the production and operation conditions can be proved to have changed In addition, the employer should also be reasonable. Photo source: Photo Network-500628027

Whether the post -adjustment should consider the proper nature of the postponement, the post -adjustment position is the ability to change the labor conditions such as the ability of the workers, the salary and other labor conditions, and the transfer of posts will not increase the labor cost of the workers.

In this case, the company's salary reduction of Wang was transferred from the director of the director to the supervisor. The annual salary was reduced from 620,000 yuan to 120,000 yuan, which obviously did not meet the conditions of the above reasonable post -adjustment. If it is not recognized, the company's salary and salary reduction of Wang's posting is not a reasonable category.

In addition, Wang ’s performance assessment annual salary accounts for 20 %. Combined with his working hours, the company should pay Wang's annual performance salary of 105333.33 yuan from January 1, 2019 to December 9, 2019. Legal standards, the court does not have objections.

During the arbitration process, Wang used the company to unilaterally adjust the position and not pay the labor remuneration request to terminate the labor contract between the two parties. The act of transferring salary and reduction of labor remuneration in full, so the company should pay Wang to relieve the economic compensation of the labor contract. After accounting, Wang's monthly salary standard is higher than the average salary of the employees of the legal person unit in Beijing in 2018 Three times, the company shall pay Wang Mou's economic compensation of 158883.75 yuan from the average salary of employees in Beijing in 2018.

In summary, the company's appeal request cannot be established and shall be rejected; the judgment of the first instance determines that the facts are clear, the applicable law is correct, and it should be maintained.

Reject the appeal and maintain the original judgment.

Daily Economic News

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