In January 2021, Xiao Wang joined the company’s company, and the position was the front desk head. The two parties agreed to pay 5,000 yuan.In May 2022, Xiao Wang was pregnant. Due to the strong work intensity of the front desk in charge of the front desk and considering the image of the front desk, Company A decided to transfer Xiao Wang to the post of business commissioner in mid -May.Salary reduction, when the salary was paid in June 2022, the little king knew that the salary was reduced to 3,000 yuan.Xiao Wang asked Company A to make up for the wage difference, and Company A refused to pay on the grounds of business difficulties. Xiao Wang then proposed to Company A to the release of the labor relationship with Company A’s incomplete payment of wages in full.
Later, Xiao Wang applied for arbitration and asked Company A to pay the wage difference between May and June 2022, and paid the compensation for the economic compensation of the labor relationship. The Arbitration Commission supported Xiao Wang’s arbitration request.Company A did not recognize the arbitration results to the court, and the court decided that it rejected Company A’s lawsuit.
Employers should be adjusted for workers, and they should negotiate and agree on the posts and wages of posting posts.In this case, Xiao Wang’s post was the front desk supervisor when he joined the job. Because of the pregnancy of company A as a business commissioner, the company A should negotiate with Xiao Wang.The wages after Wangjian have a significant reduction, and Company A failed to make a reasonable explanation on the problem of reduced wages after the post -post adjustment. The lack of legal basis for salary reduction behavior should be paid to Xiao Wang.Proposal to lift the labor relationship and meet the circumstances stipulated in Article 46 of the Labor Contract Law of the People’s Republic of China, company A shall pay compensation for the relief of labor relations.
Article 38 of the Labor Contract Law of the People’s Republic of China stipulates that if the employer has one of the following circumstances, the worker can terminate the labor contract:
(1) Those who fail to provide labor protection or labor conditions in accordance with the labor contract;
(2) If the labor remuneration is not paid in full and in time;
(3) Those who have not paid social insurance premiums for workers in accordance with the law;
(4) The rules and regulations of the employer violate the provisions of laws and regulations to harm the rights and interests of the workers;
(5) The labor contract is invalid due to the situation stipulated in Article 26 of this Law;
(6) Laws and administrative regulations stipulate other circumstances that workers can terminate the labor contract.
Article 46 If there is one of the following circumstances, the employer shall pay the economic compensation to the workers:
(1) The labor contract shall be terminated in accordance with Article 38 of this Law;
(2) The employer shall propose to the workers in accordance with Article 36 of this Law to terminate the labor contract and negotiate with the workers to unanimously terminate the labor contract;
(3) The employer shall terminate the labor contract in accordance with Article 40 of this Law;
(4) The employer shall terminate the labor contract in accordance with Article 41 (1) of this Law;
(5) Except for the renewal of the labor contract for the employer to maintain or improve the provisions of the labor contract, the workers do not agree to the renewal, and the labor contract is terminated in accordance with Article 44 of the Law.
(6) If the labor contract is terminated in accordance with the provisions of Article 44, 44, and 5 of this Law;
(7) Other circumstances stipulated in laws and administrative regulations.
Source: Beijing Daxing Court