Workplace
Written by: MoneySmart
2020-02-22 13:00
Last updated: 2020-02-22 15:03The Wuhan pneumonia epidemic is raging, and many shopping malls and shops are affected. Some companies require employees to take unpaid leave or leave early to save costs. However, as for the employees, the income is reduced. Has the company violated the employment regulations or contract terms? Can I claim it? MoneySmart analyzes for everyone.
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Unpaid leave can be claimed
Earlier reports said that Xie Ruilin Jewelry (International) Co., Ltd. required employees to take unpaid leave from September 2019. The notice issued by the company stated that within 3 months from November, employees were required to take 18-day unpaid leave. , I hope employees understand and cooperate.
Although Xie Ruilin said that the request is voluntary, if the employee is required to take a certain percentage of unpaid leave, it can be regarded as a suspension of work, at which time the employee has the right to claim compensation from the employer, including severance payment, long service payment, and notice in lieu. Wait, and ask the employer to terminate the contract, the conditions include the following two points (click to enlarge):
There are two conditions for deduction of salary and non-compliance
However, in certain circumstances, deductions from employees' salaries are also legal.
If the company requires employees to sign a consent to voluntarily take unpaid leave, that is, the employee confirms in disguise, he can take unpaid leave on days when the shop is not open, and the employee may reduce his salary proportionally. Therefore, if employees choose to reject the company's decision, they should directly refuse to sign the consent form to protect their personal rights and interests and retain the right of prosecution in the future.
In addition, hourly workers calculate salaries directly based on hours worked. Therefore, if the number of working hours decreases due to early closing, the employer has the right to calculate the salary based on the actual hours and reduce the pay in disguise.
Having said that, the actual situation always depends on the terms of the contract, whether the employer or the employee or the Labour Department should consult the appropriate practice before making a decision.
Related reading: [Wuhan pneumonia] Can I refuse to take unpaid leave? There is only one sentence in the labor law guidelines ...
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[This article is reprinted with permission from "MoneySmart". 】
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