Case 1: Position adjustment is supported, but salary reduction is not supported.

Shanghai Higher People's Court (20 18) filed a civil ruling No.2541

The court held that it was reasonable for the company to adjust Cao Beiye's post due to the change of operating conditions, but there was no basis for Zhi Ding Company to reduce Cao Beiye's salary.

Case 2: Affirm the legality of the company's performance appraisal, but the dissolution procedure should still follow N+/KLOC-0 and/or 30 days' notice in advance.

Beijing No.3 Intermediate People's Court (20 14) Triple Min Zhong Zi No.05567 Civil Judgment

The court held that because Wang Cheng failed to complete the performance appraisal target, and the appraisal grade was E, according to the company's performance management system and the labor contract, bus online Company had the right to terminate the labor contract with Wang Cheng, but it should notify Wang Cheng 30 days in advance or pay an extra salary of 1 month to terminate the contract. Bus online Company did not notify Wang Cheng to terminate the labor contract 30 days in advance, but it should pay Wang Cheng 1 month in lieu of notice.

Case 3: incompetence is only the basis for employers to adjust their jobs, not the basis for dissolving labor relations according to law.

Haidian District People's Court of Beijing (20 18) No.59090 Civil Judgment of Beijing 0 108 Early Republic of China

The court held that the 20 17 Annual Performance Appraisal Responsibility Letter signed by the company and Xu Nan on March 20 17 did not clearly stipulate Xu Nan's monthly fixed salary and performance salary, and there was no evidence to prove that Xu Nan had a clear agreement on salary composition. It is considered that the company has not made clear the specific salary composition to employees, and it is illegal for the company to deduct wages on the grounds that employees' work performance is not up to standard. Incompetence is only the basis for employers to adjust their jobs, not the basis for dissolving labor relations according to law. On the other hand, Nanrui Hong Jie Company refused to adjust its post after failing to submit evidence to prove that Xu Nan was incompetent. To sum up, we believe that Nanrui Hong Jie Company illegally dissolved the labor relationship.

Case 4: When the company can't come up with the judgment basis of performance appraisal, and the level and salary after job transfer are obviously lower than the original post, there is the risk of malicious job transfer.

Beijing No.3 Intermediate People's Court (2020) Jing 03 No.7228 Civil Judgment

CITIC Company lacks sufficient basis for Deng Zongyao's performance appraisal in 20 17. Deng Zongyao's transfer rank is obviously lower than his original post, and his work content is quite different, and he has not reached an agreement with Deng Zongyao. Based on this, the first-instance judgment found that CITIC Company's post transfer behavior was unreasonable and had factual and legal basis, which was confirmed by our court.

Case 5: Even if there are processes and standards that comply with the law to adjust posts for employees, post adjustment and salary reduction cannot be applied at the same time.

Beijing No.3 Intermediate People's Court (20 16) No.03 1592 Civil Judgment.

The court held that while transferring Zhang Siming's post, the company adjusted Zhang Siming's salary from 8,000 yuan per month to 6,000 yuan per month, but no valid evidence was submitted to prove that the two sides reached an agreement on this. This salary cut violated the law, and it is not improper for Zhang Siming to refuse to work on this ground. Moreover, in the process of post adjustment, Zhang Siming goes to work normally every day, and the company thinks that the post he transferred belongs to the same department as Zhang Siming's original post. The company can assign new tasks to Zhang Siming and clearly inform Zhang Siming of the specific reporting process. The company refused to report for duty, and there was no factual and legal basis to terminate the labor contract, so our hospital did not support it.

Case 6: The responsibility book of performance appraisal requires employees to sign and agree in advance, and the result needs to be confirmed, otherwise the resulting salary reduction is illegal.

Beijing No.3 Intermediate People's Court (20 19) No.7297 Civil Judgment of Jing 03

The court held that Huafu Company failed to submit evidence to prove that Panvis claimed that his performance appraisal was unqualified, and with his consent, he negotiated with Panvis to reduce his salary, which Panvis refused to recognize. At the same time, for Panvis's claim that Huafu Company is in arrears with wages, the recording of the conversation with Tong Xing, vice president of human resources of the company shows that "the salary reduction amount is 8,000 yuan ... more than 50%". Huafu Company did not admit the authenticity of the recorded conversation, but did not submit evidence to the contrary. Therefore, in combination with the existing evidence and the statements of the parties, our court rejected Huafu's claim for salary reduction, but accepted Panvis's claim for adjusting his salary standard to15,000 yuan/month (before tax) from May 20 13, and reducing his salary by 8,000 yuan per month. To sum up, Huafu Company unilaterally reduced Panvis' salary, which lacked factual and legal basis.

Case 7: Relevant regulations on performance appraisal must be signed by employees to meet the statutory formal requirements.

Beijing No.3 Intermediate People's Court (202 1) No.03 1009 Civil Judgment

The court held that employees only recognized the authenticity of emails, screenshots of nail nets and induction training for new employees, but did not recognize the authenticity of the Employee Handbook, claiming that they had not seen the contents of the Employee Handbook. The company submitted its own employee performance appraisal form, which proved that the post requirements were not completed, the performance appraisal was not up to standard, and the performance salary was 0, which proved that the probation period did not meet the employment conditions. However, employees did not recognize the authenticity and purpose of the evidence, and claimed that the company did not inform the work indicators, performance appraisal objects and standards in advance, nor did it inform the assessment results. Upon investigation, the employee performance appraisal form was not signed by the employee. The above evidence is not enough to prove that employees know the work indicators and assessment results. In the case of employee's disapproval, if the court finds that the company illegally terminates the labor relationship, it shall pay compensation for the illegal termination of the labor relationship.

Case 8: If the company handles post adjustment and salary reduction at the same time, both of them are illegal.

Beijing No.3 Intermediate People's Court (20 17) Jing 03 No.6941

The court held that the employee appraisal form submitted by the company was unilaterally recognized by the company without Wu Yang's confirmation, and Wu Yang refused to recognize it. Therefore, Obigo Company adjusted its post and reduced its salary on the grounds that Wu Yang's performance appraisal was unqualified, and the basis was insufficient.

Second, the case summary:

1. The employing unit shall, in accordance with the stipulations of the labor contract and the provisions of the state, pay the laborers' labor remuneration in full and on time. The employing unit shall bear the burden of proof for the wage standard and wage payment of workers.

2. If the employer reduces the salary of employees because they fail to pass the examination, it needs to have the standards and processes that the employee examination does not meet the examination requirements: including the content is in line with the labor law, and the employee's obligations cannot be improved or the rights of workers can not be reduced outside the labor contract; The process must conform to the requirements of democratic procedures, including: the specific basis of assessment and scoring, the information of raters; The employee handbook and relevant company rules and regulations need the employee's signature to be effective, otherwise the salary reduction needs the employee's consent.

3. Even if there are legal processes and standards to adjust posts for employees, post adjustment and salary reduction cannot be applied at the same time. Many units find it difficult, and salary reduction is necessary for post adjustment (downward adjustment). However, the post adjustment according to law is to give other job opportunities to employees who do not meet the original post, and the salary cannot be reduced because of the post adjustment. Post adjustment is to adjust and mobilize the work and give full play to the strengths of employees. Statutory post adjustment does not require employees' consent and has nothing to do with the enterprise. If post adjustment and salary reduction are used at the same time, the result will not only lead to illegal salary reduction, but also be considered illegal.