Recent
topic #The company will have four days off and three days off, and a salary cut of 1,000 yuan #
became the first hot search
triggered a heated discussion among netizens
Netizens posted for help:
The company’s new measures, stay or leave?
Recently, some netizens posted on social platforms that their company was not performing well and needed to control costs and allow employees to work "four days a day and three days off", but they had to cut their salaries by 1,000 yuan. The boss promised to restore the original salary when the company's performance improved. The netizen asked for help. Should he resign?
Regarding this
many netizens said that it is completely acceptable
The extra day can be used to do your own things
Some people also questioned
This is the rhetoric used by the company to reduce salary
I am afraid that it cannot be implemented in practice. Only working for four days
also Some netizens reminded
to consider many aspects such as salary ratio and company development prospects
and to sign a labor contract in accordance with the law
to protect one's own rights and interests
Then the problem arises with the company's "four days off and three days off" and salary reduction practices
Does it comply with legal requirements?
Does the labor contract need to be changed if the working hours change?
According to Article 17 of the "Labor Contract Law", the labor contract should stipulate the work content, work location, working hours, rest and vacation, etc. If the employer decides to change the working location and working hours, and adopt a mixed working system, "four days on weekdays and three days off" and other working modes, it will need to adjust the content of the labor contract and change the labor contract.
According to Article 35 of the Labor Contract Law, the employer should renegotiate with the employee on the changes in working hours, working location, etc., and after reaching an agreement, change the labor contract in written form, such as signing a corresponding supplementary agreement or Modify the original labor contract.
If working hours are reduced, can the employer reduce wages?
The employer and the employee can change the content of the labor contract by consensus. Therefore, even if the employer decides to implement a mixed work system, "four days on weekdays, three days off" and other working modes that result in a reduction in employees' working hours, it still needs to reach an agreement with the employees before adjustments can be made, and the agreed wages cannot be lower than the local minimum wage. standard.
If the employer arranges for employees to work overtime, can they refuse to pay overtime pay on the grounds that they only work four days?
If the employer implements "four days on and three days off" and works 8 hours a day, then the employee only needs to work four days a week. The other three days are rest days and not working days.
Article 44 of the "Labor Law" stipulates that if the employer arranges for workers to work on rest days but cannot arrange compensatory leave, the employer shall pay no less than 200% of the salary.
After changing to "four days off, three days off", can the employer resume "five days off, two days off" at will?
If the employer has clarified the mixed work system, "four days off, three days off" by amending the company's rules and regulations, changing the labor contract, etc. " and other working modes, the employer has no right to unilaterally require the employee to resume "five days on work and two days off".
"Four days in office and three days off", salary cut of 1,000 yuan
Are you willing?
Xinmin Evening News comprehensive Zhejiang Workers’ Home, Guangdong Provincial Federation of Trade Unions, Shen Gongshe
