If the employer wants to reassign you or cut your pay and you disagree, say so in writing on the spot; do not stay silent and work under the new arrangement for more than a month

Changing post or wage is changing the contract; both sides must agree, and it must be in writing. But if you stay silent and work at the new post and wage for more than a month, courts generally will not void the change just because it was not in writing. If you disagree, say so in writing on the spot; WeChat and email both count.

Cost

No cost. After a reassignment or pay-cut notice, send a written message stating you disagree, screenshot and keep it—a few minutes. The hard part is still working there while facing a confrontation. If the employer then fires you or docks pay, go to labor arbitration. Arbitration is free; after acceptance, cases close within 45 days, extendable by at most 15 days. If you disagree, go to court; ordinary first-instance procedure starts at 6 months, and you pay your own lawyer.

Benefit

The Labor Contract Law provides that only when the employer and worker agree through consultation may the agreed contents of the labor contract be changed. Changes must use written form. A Supreme People's Court judicial interpretation adds another rule. If both sides orally agreed to change the contract and then actually worked under the new terms for more than one month, the change is still valid. At that point, arguing the change is void for lack of written form is not supported by courts. The premise is that the changed content is lawful and does not violate public order and good morals. Beijing High Court and Beijing arbitration commission practice is as follows. If the contract does not state a post or states it unclearly, and the employer has proper reasons and reassigns reasonably for business needs, that counts as the employer’s staffing autonomy. Reasonableness looks at four things: whether there is business necessity, whether the purpose is proper, whether you can do the new post, and whether pay and benefits worsened. If the contract clearly states the post and has no reassignment clause, a unilateral reassignment by the employer is a breach, and the shortfall versus original-post wages must be made up. If the contract writes the work location as a broad range such as “nationwide” or “Beijing,” that counts as unclear, and the place you actually work controls. Without proper reasons, the employer may not change that place. If the employer fails to pay wages in full and on time, you may terminate the labor contract and the employer must pay economic compensation (nationwide; Beijing practice applies only in Beijing)

Notes

Graded B because “silence while working counts as consent” is not written directly in the statute. It is inferred from Article 43 of the judicial interpretation and local adjudication practice. There is no nationwide uniform standard for “reasonable reassignment”; the points above are Beijing practice. After objecting in writing, best to keep reporting for work and state that you reserve your position, because refusing to show up may be treated as absenteeism and lead to dismissal. If the reassignment is later found unreasonable, that dismissal is unlawful termination, calculated under Item 6 of this section (damages for unlawful termination). If found reasonable, you do not get that money. If objective circumstances at signing changed substantially and renegotiation of terms fails, the employer may terminate the contract. Then pay follows Item 5 of this section (no 30-day prior notice). How to recover wages underpaid after a cut: Section 7, Item 2 (complain to labor inspection first for unpaid wages). Benefit graded medium by judgment: pay-cut size varies by employer; there is no uniform figure.

Sources · 3

1. 全国人大常委会 (2012 修正). 劳动合同法（第三十五条，第三十八条第一款第二项，第四十条第三项，第四十六条第一项）. fgk.chinatax.gov.cn/zcfgk/c100009/c5193025/co…（国家税务总局政策法规库转载）；最高人民法院 (2020). 关于审理劳动争议案件适用法律问题的解释（一）（法释〔2020〕26 号，第四十三条）. court.gov.cn/fabu/xiangqing/282121.html
2. 北京市高级人民法院、北京市劳动人事争议仲裁委员会 (2024). 关于审理劳动争议案件解答（一）（京高法发〔2024〕534 号，第 59 问、第 60 问、第 61 问）. beijing.gov.cn/zhengce/fygfxwj/202405/t202405…
3. 全国人大常委会 (2007). 劳动争议调解仲裁法（第四十三条）. rsj.ankang.gov.cn/Content-2150407.html（安康市人力资源和社会保障局转载）；国务院 (2006). 诉讼费用交纳办法（国务院令第 481 号，第六、十三条）. gov.cn/ziliao/flfg/2006-12/29/content_483682.htm