How to deal with the company's demotion without salary reduction

Demotion and salary reduction are equivalent to changing the contract. You can negotiate with the company to terminate the contract and ask for economic compensation. First of all, it is clear that jobs and labor remuneration are the basic components of a labor contract, and demotion and salary reduction have constituted the main content of the employer's unilateral change of the contract. According to the provisions of the Labor Law, the statutory conditions for changing the contents of the contract include:

1, negotiate with workers;

2. If the employee is not qualified for the current post, the company has the right to unilaterally transfer the post;

3. If the employee can't do the original job after the medical treatment expires, the company has the right to unilaterally transfer the post;

4. Significant changes have taken place in the objective circumstances on which the labor contract was concluded;

5. If the female employee is pregnant and can't meet the physical requirements of the original post, the company has the right to unilaterally transfer the post. If the above conditions are not met, the individual laborer may refuse the salary reduction or post change of the unit and ask the company to continue to perform the original contract, otherwise he can safeguard his legitimate rights and interests through labor arbitration or legal proceedings.

What should I do if I don't reduce my salary after being transferred and demoted?

1. Post adjustment is the main content of changing the labor contract. The employer must first reach an agreement with the employee. Without the consent of the employee, the employer's unilateral adjustment of the post is invalid.

2. If the laborer is incompetent, the employer also has the right to adjust the post. Of course, employers also need to provide evidence to claim that workers are incompetent.

If the laborer refuses to adjust his post, the employer shall terminate the labor contract accordingly, which is a legal termination, but the employer shall also pay economic compensation. If the employer adjusts its post due to the needs of production and operation, and the post adjustment is reasonable, does not have the nature of insult or punishment, does not reduce wages, and is related to the post agreed in the labor contract, the post adjustment is effective; As a laborer, you should abide by it.

Of course, the rationality of post transfer requires the employer to provide evidence; On the other hand, the employer adjusts the post based on the forced employee's resignation, and the employee can refuse. It is illegal for the employer to terminate the labor contract on the grounds that the laborer does not obey the arrangement; You can apply for labor arbitration to claim compensation and pay 2 months' salary after working 1 year.

Legal basis: Article 79 of the Labor Law of People's Republic of China (PRC), after a labor dispute occurs, the parties may apply to the Labor Dispute Mediation Committee of the unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.