Brief introduction of details of a case:
A few years ago, company of city some express signed Xiaochen and Wuhan labor contract, agree working station runs post to be not, working content is to be in charge of be in charge of area under administration to distribute express around express site.
On March 25, 2018, the company allotted " other people of express station staff flows deserve to send the job arrangement government regulation " , the demand rises from April 2018, employee of a gleam of must be subject to strictly express stands about " deserve to send company of cooperative cable business the product " wait for relevant job arrangement, employee rejects obedience, will cancel its content shedding performance assesses income that month. Workload dash forward add, xiaochen sets demur to this, do not be willing to carry out, still insist to be finished according to original work content distribute professional work dailily.
Came in May 2018 in August, because Xiaochen rejects to participate in " deserve to send company of cooperative cable business the product " business, the company deducts the pay that sent him, the wage level that this yields Xiaochen is far under Wuhan city worker average level. Do not talk things over to give a result with the company after, small Chen Jue works with putting forward to remove to the company for salary of embezzle part of what should be issued surely contract.
The lawyer comments on:
The controversy focus of this case has 3:
It is one-sided of unit of choose and employ persons content of modificatory labor contract is effective;
2 it is unit of choose and employ persons the action that deducts hair worker pay is significant;
3 it is whether unit of choose and employ persons should pay economy to compensate gold.
Because produce controversy hind, unit of choose and employ persons cannot offer laborer to agree to change the corresponding testimony of labor contract content, and the salary amount that cannot explain salary watch shows is in a few months are apparent finally under the salary amount that extends before this, brought about unit of choose and employ persons to bear the consequence that lose a lawsuit.
Basis " labor contract law " thirtieth 8 the 2nd regulations, unit of choose and employ persons is not seasonable full specified amount pays labor reward, laborer can remove labor contract, remove unit of the choose and employ persons after labor contract should pay economy to compensate gold.
Lawyer clew, unit and laborer both sides must servantchoose a person for a job to talk things over when the content that changes labor contract agreement consistent, and ought to use written form, otherwise laborer is OK the contract content after repudiate is changed applies for dimension to counterpoise.
