Recently, the topic #company will have four days off, three days off and a salary cut of 1,000 yuan# has become the first hot search topic, triggering heated discussions among netizens. Netizen
posted a message asking for help: The company’s new measures, stay or leave?
Recently, some netizens posted on social platforms that the company they work for is not performing well and needs to control costs and allow employees to work "four days a day and three days off", but they have to cut their salary 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?
In this regard, many netizens said that it is completely acceptable and the extra day can be used to do their own things.
Some people also questioned that this is a rhetoric used by the company to reduce wages. In reality, I am afraid that it cannot be implemented and only work for four days.
Some netizens reminded that we should consider many aspects such as salary ratio and company development prospects, and we must sign a labor contract in accordance with the law to safeguard our rights and interests.
Then the problem comes, the company's "four days off, three days off" and salary reduction practices Does it comply with legal requirements?
If the working hours change, does the labor contract need to be changed?
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 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 can change the contents of the labor contract by consensus with the employee. 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 an 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 days off, the employer shall pay wages no less than 200% of the wages.
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". (Xinmin Evening News)
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