02/08/2022
homesmartjp
1038 Views

Can Corona reduce "salary"?The possibility of "illegal" is a "illegal"

　Under us, there are many cases of disadvantaged changes in working conditions due to corona.There are various cases, such as reducing shifts, reducing wages, shortening the employment period.

　I think many people think that the company is in a poor business condition in the Corona, and it is an emergency, so it is legally illegal for the company to unilaterally change the working conditions.For example, it is not allowed to lower wages unilaterally.

　This time, I would like to introduce the reason why unilateral disadvantages of working conditions are illegal, and how to deal with disadvantages.

Disadvantage change of working conditions that are rampant due to corona evil

　First, let's take a look at what kind of disadvantage changes have been made.Many consultations have been received, but it can be broadly divided into two types.One is when working hours (including work days) can be changed.The other is to reduce wages.

1 Shift and working hours are reduced

　Example: I am trying to change the contract from 12 hours to 6 hours a day (hotel).

　Example: It is said that it will change from 2 days a week to 3 days (bridal).

2 Reduce wages

　Example: "Sales have fallen. Sign a condition that salaries will fall 50,000 from next month."

　Example: "I want you to change the hourly wage system based on the number of frames because of the holidays due to corona."

　When this happens, let's take a closer look at what we should do.

"Principles of agreement" of labor contracts

　First of all, we need to start talking from "what is a labor contract", which is commonplace when we work.

　Article 6 of the Labor Contract Law stipulates as follows.

「労働契約は、労働者が使用者に使用されて労働し、使用者がこれに対して賃金を支払うことについて、労働者及び使用者が合意することによって成立する」（太字：引用者）

　As described here, labor contracts in which workers work in accordance with the company's command order, and the company pays wages as a paid for the company.

　What I want you to pay attention to is that it is "established by agreement with workers and users."Labor contracts are established by both equal workers and users agreeing.If either one refuses a contract, the labor contract will not be established.

　So, for example, if a company forcibly work as a worker, it will be forced to work and it will be illegal.This is called the principle of the agreement of the labor contract.

Don't agree when a disadvantage is presented

　Since the labor contract has a "principle of agreement", it is necessary to change the working conditions = change the content of the labor contract.The specific problem is when a change in conditions that are disadvantageous for one, such as lowering wages.

　Article 8 of the Labor Contract Law stipulates this as follows.

「労働者及び使用者は、その合意により、労働契約の内容である労働条件を変更することができる」（太字：引用者）

　The provisions of this Labor Contract Law have no relation to the social situation, such as the 10,000 yen of the new colona, or the business situation of a company such as the deficit.Basically, the company is not allowed to change the working conditions in a disadvantageous direction without the agreement of workers.

　This is the same as being unable to raise prices for products and services that have signed and contracted for purchases and contracts, for example, because of the recession or management.

　Therefore, it is important for workers to refuse anyway when the company has a proposal for a disadvantage.

コロナで「給料」を減らせる？　勝手な賃下げは「違法」の可能性

The option of "disadvantage change or dismissal" is illegal (change and dismissal announcement)

　Perhaps if you don't agree with the disadvantage change, some companies may say fires.For example, "If you do not respond to a 10 % wage reduction, you will be fired."What should I think in that case?

　The company notifying the disadvantage change or firing (cancellation of labor contracts) is called "change and dismissal announcement", which is considered to be illegal.

　Because the change in labor contracts is established only when the worker and the employer are agreed on an equal perspective based on free will, but if the dismissal is an option, workers cannot choose freely.From.

　Therefore, it is not legally meaningful that the manager claims, "I offered re -employment conditions that lowered the working conditions, but because the workers did not respond."

　In the case of a trial, the legality of the dismissal itself is questioned, and that "presenting re -employment conditions" or "workers did not choose to continue employment" do not affect the court's judgment.That's it.

When the company forced the disadvantage change without agreement

　No matter how much worker refuses to change disadvantages, the working conditions may be forced to change.Also, at the labor consultation site, it is often seen that disadvantage changes have been made without any agreement in the first place.

　In such a case, even if the actual conditions are changed, the labor contracts should not be changed legally, so the damage caused by it can be recovered in various ways.

　The unpaid parts are considered to be "unpaid" and violates the Labor Standards Law.Therefore, there is an unpaid "claim right".

　The first important thing is to leave evidence that it has not agreed to change disadvantages.It would be a good idea to report it verbally and record it, or tell the other party that you have not agreed in email, line, documents, etc., and keep the evidence at hand.

　In the case of a line, it may disappear due to a smartphone trouble, so be sure to leave the screen image.The text can be anything if you know the content of the disadvantage change and the fact that you have not agreed.

　In addition, I would like you to consult a consultation desk with a "worker side" expert as introduced at the end.It is a little courageous to assert the right to the company, but experts have a lot of knowledge of law and the company, so if you listen to them, you should be able to exercise your rights with confidence for the first time.

　Reference: Where should I consult when I entered a black company?

　In addition, there is a means to change to employment rules and lower the working conditions (change of employment rules), but in that case, the content of the change is reasonable and it is necessary to go through the appropriate procedures.There is, and it is not "free".

　It is important to consult an external expert when changing the disadvantages of employment rules.