Inquiring about the year-end bonus led to a dismissal lawsuit. Is it legal for the company to stipulate that the salary should be kept confidential?

In many companies, new employees often hear such a request, "Don't inquire about colleagues' wages, it is against the company's regulations", and many companies' employee handbooks will specifically state "No inquiries about wages", Some even include this clause in the labor contract. Under such circumstances, many young people have worked in some companies for a long time, but they may be vague about their salary structure and rules, and they are afraid to ask.

For a year, Xiaokang, a 27-year-old guy from Gansu, has always firmly believed that he was fired by the company without any basis for law and reason. In his words, he just consulted on the rules of bonus payment when he learned that the amount of year-end bonus was unfair. , that is, being found to have violated the company's regulations and was dismissed, which is very unfair to himself. Inquiring about the year-end bonus led to a dismissal lawsuit, and finally Xiaokang sued the company for breaking the law and was supported in the first instance; the company claimed that Xiaokang violated the salary confidentiality regulations, and the lawyer: The salary confidentiality rules must be disclosed.

One of the most important rules in the workplace is the closer the person is to the leader, the greater the benefit. This "closeness" includes both physical and human distance. The entire industry is down, HRD recruiting is completely unplanned, and the company's personnel are inflated. The leadership's conscious judgment under the fixed salary package determines how much money you can get.

If you can meet the leader in your daily life, and the leader can call you by your name, you should report to the leader at the right time, so that the leader can at least give you a positive impression.

The employees on the project are very miserable. The basic employees of the company cannot participate in the work report, and usually have no chance to contact the leaders. If your personal ability is average or your ability to have a good relationship, and no one speaks well for you, then you are basically a transparent person in the company.

If there is no impression in the eyes of the leader, then all the benefits will definitely not have you.

"The adoption of the 'secret salary system' by the employer has advantages in protecting employee privacy, preventing employees from competing with each other, reducing employee conflict and loss, and facilitating enterprise management." A colleague who is a human resources supervisor in the company told the editor that in some specific cases Under such circumstances, the open salary may even cause comparisons and conflicts among employees. Therefore, the practice of mutual secrecy of wages is widely adopted. In addition, people are close and distant, and it is difficult for the managers of companies to achieve complete fairness in actual operations, so they cannot be disclosed.

Although no matter what type of enterprises, many companies adopt the salary confidentiality system, if the enterprise often uses the "secret salary system" as an excuse to restrict employees' understanding of salary composition and calculation, it may constitute a violation of the "Labor Law". Regulation.

As an enterprise, it is understandable to adopt a personal salary confidentiality system, but the system rules, the issue of salary composition levels must be disclosed, and when employees join the job, the labor contract must have a detailed agreement. Both parties follow the contract, and individuals can check their own salary structure and calculation method. It is generally not allowed to check other people’s salary, because if the relevant agreement signed is true, its legality is also affirmed, and the privacy of others is also not allowed. should be protected.

The purpose of the company adopting the salary confidentiality system is to help it determine the salary level flexibly according to the ability, work attitude and job position of each employee, and there will be no conflicts between employees due to differences in salary, thereby reducing the number of employees and the company, Conflict between employees.

At present, China's laws and regulations neither stipulate that wages must be kept confidential, nor prohibit enterprises from adopting a confidentiality system. In the absence of express provisions in the law, the formulation of salary confidentiality clauses is the result of free will negotiation between the employer and the worker. As long as both parties are fair and voluntary, and the formulation procedures are legal and effective, they should be protected and respected by the law.

However, violating the company's salary confidentiality system is not a fundamental breach of the labor contract, and the employer should consider it illegal to terminate the labor relationship. Because the punishment results are not comparable to the behavior of the employees, it does not conform to the principle of fairness, and it also violates the principle of legal protection of laborers. Of course, employees can be given lighter punishments in accordance with company regulations, such as warnings or lowering the performance of the month.

Therefore, the "salary secrecy" method that we generally implement at present can not fundamentally prevent the leakage of salary information, but also prevent employees from having the right to know their own salary, which will lead to employees' disgust. So is there a way to get the best of both worlds?

After the salary is paid, employees can know and understand their salary details at the first time, without repeatedly asking HR

There is no need to worry about errors, information leakage and other issues in the process of issuing salary slips

It would be great if the HR responsible for this responsibility could do this with ease and effort...  

So do you support the pay secrecy system?