Salary Positions Are Blurred. Can Such Contracts Be Signed?

The employee obviously does a special job, but when the contract is renewed, the unit writes the post as an operator. The original contract amount is clearly defined, but the new contract is written as "see the payroll in detail".

Can such a contract be signed? A few days ago, Mr. Cheng called, hoping to get an immediate reply, because the unit had to make a choice before going to work.

According to Mr. Cheng, he has been working in a manufacturing company for 6 years.

Because he is a technical worker, he pays much more than the average operator in the unit.

Since entering the unit, his labor contract has been signed for three years. Recently, second contracts with his unit will expire.

On the afternoon of the day before the contract expires, he and his colleagues were informed of the renewal of the labor contract to the personnel department.

At the personnel department, the personnel manager asked them to sign in one by one, and he was advanced.

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But when we get the new contract, there are two key points which are different from the original contract.

One is his position, the original contract stated that he is the operator of a certain position, and the new contract only wrote "operator"; two, his original salary is written for 5000 yuan, but the new contract wage column reads "pay more attention to the payroll".

This vague writing made him feel a bit unreliable, because the wages of ordinary operators are less than half of his salary. If the contract is only a contract operator, is it not necessary for him to obey the unit if he is actually pferred to the general post? In addition, he thinks that "pay a detailed salary list" is not equal to the salary. If the new payroll is not the same as before, will this be explained by the unit? He immediately stated that the two parts of the contract must be clearly filled out according to the original contract, otherwise he could not sign it.

But the personnel manager said, now the contract is filled out like this. The unit has neither the intention of mobilizing his post nor the possibility of reducing his salary. If the employee does not want to sign, he can leave, but there is no termination of compensation.

He also said that he could give some time to think about it, but he did not sign it before going to work.

What can I do about this?

The reporter immediately answered and asked Yuan Yongbin, lawyer of Shanghai red third power company, to conduct an analysis.

Yuan lawyer pointed out that there are loopholes in the operation of the unit.

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"It is clear that the name, residence, legal representative or principal person in charge of the employing unit; the name, address and identity card number of the worker, or other valid identity document number; the term of the labor contract; the content and working place of the worker; working hours and rest and vacation; labor remuneration and social insurance are all the terms of the labor contract.

Obviously, work content and remuneration should be clearly defined in the labor contract.

In many units, there are many kinds of "operators", and there will be some differences in their skills and abilities. The difference between the salaries of different "operators" is also quite large. If the operator writes clearly that wages are not big, there are loopholes in both ends.

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In the labor contract, it is not necessarily a specific amount, it can also be expressed as a clear calculation method or a standardized calculation method.

If the workers and units are not clear about the stipulations of the labor contract for labor remuneration and labor conditions and so on, according to the labor contract law, the employer and the worker can renegotiate; if the consultation fails, the provisions of the collective contract shall apply; if there is no collective contract or collective contract does not stipulate the remuneration for labor, equal pay for equal work shall be applied; if there is no collective contract or the collective contract does not stipulate the working conditions and other standards, the relevant state regulations shall apply.

Is it necessary to sign such a contract? Yuan believes that the workers are indeed in a dilemma now.

If employees do not sign, they must prepare for arbitration or litigation, which proves that the unit has reduced the conditions stipulated in the labor contract, which led him to not renew it.

The problem is that such evidence may not be available to employees.

If the staff sign, it may be agreed to abide by the consequences of the contract agreement, in the future may encounter units to adjust posts and salary cuts.

Yuan believes that if the employee is reluctant to part with the work, he may first choose to sign the contract, while paying attention to collecting the corresponding evidence, and then asking for arbitration when he meets the adjustment of salary and salary, and requests the unit to provide the reason.