开会解读绩效办法职工无异议≠职工同意降薪

Core Viewpoint - The court ruled that a company cannot unilaterally change an employee's salary structure without legal basis and democratic consultation, and that the absence of employee objections does not justify salary reductions [1][3]. Group 1: Case Background - An employee, Lian, joined a technology company in January 2021 with a monthly base salary of 38,000 yuan and a performance bonus of 12,666 yuan before sales commissions were initiated [1]. - The company failed to initiate sales commissions and did not renew Lian's labor contract after it expired in January 2024, leading to underpayment and unilateral reductions in social security and housing fund contributions [1][2]. Group 2: Legal Proceedings - Lian submitted a notice of forced contract termination in October 2024 and sought arbitration for unpaid wages, performance bonuses, and other compensations, with the arbitration ruling in favor of Lian for a total of 858,962.93 yuan [2]. - The company argued that a meeting held on October 25, 2023, where the new performance management system was explained, constituted employee acceptance of the salary structure change, as Lian did not voice objections during the meeting [2]. Group 3: Court Rulings - The court found that the company failed to provide sufficient evidence for its claims against Lian and did not have a legal basis for withholding wages; thus, it ordered the company to pay double the wage difference and economic compensation due to the company's failure to pay wages on time [3]. - The appellate court upheld the original ruling, emphasizing that changes to labor contracts must be in writing and agreed upon by both parties, and that public meetings do not replace the need for individual consent [4]. Group 4: Legal Insights - Legal experts highlighted that companies must engage in thorough communication and reach mutual agreements when adjusting employee salaries, and that regulations established through democratic processes cannot replace individual labor contract modifications [4]. - Employees facing unilateral salary reductions or wage arrears should preserve evidence and seek legal recourse, potentially involving labor unions or labor inspection authorities for assistance [4].