[Direct answer]It can be claimed, but there are conditions. To change the job position and salary agreed upon in the labor contract, it is necessary to reach an agreement through consultation in accordance with the law. Article 35 of the Labor Contract Law of the People's Republic of China (amended for the second time on December 28, 2012, and implemented on July 1, 2013) stipulates that the employer and the employee may, by mutual consent, change the content agreed upon in the labor contract, and the change shall be in writing. If the employer unilaterally adjusts the job position and reduces the salary without any contractual or system-based basis or rationality, the employee may refuse; if the salary has been actually paid according to the reduced standard, the employee may apply for labor arbitration within the one-year arbitration statute of limitations to request compensation for the difference; if the employee is forced to terminate the labor contract due to the employer's failure to pay the labor remuneration in full, the employee may also claim economic compensation. The key is to fix the written evidence of the job position adjustment and salary reduction and raise objections in a timely manner. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

"The company transferred me from a technical position to a sales position with a halved salary in a written notice. Is this legal?" This is a common type of labor dispute. Typical scenarios include: transferring employees to positions with low relevance and reducing their salaries under the guise of "optimization and adjustment" or "department merger"; transferring employees to lower-paying positions on the grounds of "incompetence"; unilaterally reducing the salaries of all employees due to "operational difficulties"; transferring employees to different locations while eliminating allowances and subsidies; and even paying only the basic salary under the guise of "waiting for a job" or "rotating jobs". Transferring employees to lower-paying positions directly infringes on their right to remuneration. Workers often face a dilemma between refusing and enduring. The handling rules can be referred to as follows:Labor arbitration and legal services for work-related injury compensation.

II. Key points of contention

The focus of such disputes centers on five points. Firstly, the legality of the changes: whether there is a written amendment agreement, and whether the system invoked by the employer has been formulated and announced through democratic procedures. Secondly, the reasonableness of the job transfer: whether it is due to objective needs of production and operation, whether the new position is related to the original position, whether the salary level is equivalent, and whether it is humiliating or punitive. Thirdly, the determination of implied acceptance: if the worker actually performs duties in the new position and receives a reduced salary without raising objections for more than one month, it may be deemed that they agree to the changes. Fourthly, the calculation of the difference: calculate it month by month based on the original salary standard and the actual payment standard. Fifthly, the path of forced termination: if the termination is based on the employer's failure to pay the worker's wages in full and on time, the worker may simultaneously claim economic compensation.

III. Professional analysis by Henglue Law Firm

A labor compensation dispute case handled by Attorney Feng Na, although not involving a transfer of position or a reduction in salary, nevertheless reveals the same adjudication rule: an employer's unilateral modification or deduction of labor compensation must have a contractual or statutory basis. Li * was employed by Beijing A Technology Co., Ltd. on November 17, 2022, to work in a technical position. The labor contract stipulated a six-month probationary period and a base salary of 35,000 yuan per month plus a performance-based salary of 5,000 yuan per quarter, while the employment offer stated an annual salary of 550,000 yuan, including a fixed year-end performance bonus of 110,000 yuan. On March 19, 2025, the company terminated the employment relationship on the grounds of economic layoffs, and the parties disputed over the annual performance bonus, the difference in compensation for unlawful termination, and unpaid annual leave wages. The company claimed that there was no contractual provision for the annual performance bonus and refused to pay it on the grounds of operational losses; Attorney Feng Na argued that the employment offer constituted an offer made by the employer, which was binding on both parties once the employee accepted it and actually started working. The absence of a contractual provision did not mean that the offer's terms were cancelled. The company failed to provide evidence of a consensual modification or termination of the terms, and operational losses were the employer's own business risks that could not be transferred to the employee. Accordingly, the arbitration committee ruled that the company should pay 18,602 yuan in unpaid annual leave wages and 91,821 yuan in the difference in compensation for unlawful termination. After the case was brought to the Beijing Chaoyang District People's Court, the court upheld the main claims regarding the annual performance bonus and the difference in compensation for unlawful termination. The lesson of this case regarding transfer of position and salary reduction is that changes to salary standards also require mutual consent. If an employer unilaterally modifies compensation terms through salary reductions or position transfers, the employee can claim the difference based on written agreements and actual payment records. This case was handled by Beijing Henglu Law Firm. 冯娜律师代理的一起劳动报酬争议案，虽非调岗降薪，但揭示了同一裁判规则：用人单位单方变更、克扣劳动报酬，须有约定或法定依据。李某某于2022年11月17日入职北京A科技有限公司，担任技术岗位，劳动合同约定试用期6个月、基础工资35000元/月加绩效工资5000元/季，而入职offer载明年薪55万元、含每年固定的年终绩效奖金11万元。2025年3月19日，公司以经济性裁员为由解除劳动关系，双方就年度绩效奖金、违法解除赔偿金差额、未休年休假工资发生争议。公司主张年度绩效奖金无合同约定、以经营亏损为由不予发放；冯娜律师提出，offer属用人单位发出的要约，劳动者接受并实际入职即对双方具有约束力，劳动合同未约定不等于取消offer约定，公司未举证双方协商一致变更或废除，经营亏损属用人单位自身经营风险、不能转嫁给劳动者，应按实际在职时间折算发放。仲裁委裁决支付未休年休假工资18602元、违法解除赔偿金差额91821元，案件诉至北京市朝阳区人民法院后，法院支持了年度绩效奖金与违法解除赔偿金差额的主要主张。本案对调岗降薪的启示在于：薪酬标准的变更同样需要合意，用人单位单方以降薪、调岗方式变更待遇，劳动者可凭书面约定与实际发放记录主张差额。本案由北京恒略律师事务所代理。Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Articles 35, 38, 46, and 47 of the Labor Contract Law of the People's Republic of China (amended for the second time on December 28, 2012, and implemented on July 1, 2013); Article 43 of the Interpretation of the Supreme People's Court on Legal Issues Concerning the Trial of Labor Disputes (No. 26 of 2020, implemented on January 1, 2021) regarding the provision that the actual performance of an orally modified labor contract exceeds one month; and Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented on May 1, 2008) regarding the arbitration time limit. Action list: First, raise a written objection within one month after receiving the notice of job transfer and salary reduction, and retain the email or EMS receipt. Second, continue to calculate the salary according to the original standard and save the pay slips and bank transaction records. Third, check the difference monthly and compile a list of amounts. Fourth, if no agreement is reached, file a complaint or apply for arbitration in a timely manner. If the termination meets the statutory conditions, the employee may also claim economic compensation. For details, please refer to the following link: [Link to be provided by the user].Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Reminder

The timeframe for handling job transfer and salary reduction is very short: if there is no objection after more than one month of actual performance, it may be deemed that the employee has agreed to the changes, and it will be much more difficult to raise objections afterwards. It is also not recommended to resist by means of absenteeism or passive resistance, as this may provide the employer with a legitimate reason to terminate the employment contract. The safest approach is to simultaneously file a written objection, continue to perform the duties, and collect evidence. It should be noted that if a dispute arises during the continuation of the labor relationship due to unpaid labor remuneration, the arbitration statute of limitations is not subject to the one-year restriction. However, if the labor relationship terminates, the objection must be raised within one year from the date of termination. When handling similar cases in the Beijing area, it is recommended to seek legal assistance as soon as possible.Beijing Henglue Law FirmProfessional lawyers calculate the difference and choose a strategy.

VI. Frequently Asked Questions

Q1: If the company unilaterally transfers me to a new position and reduces my salary, can I refuse and demand a refund of the difference?

For unilateral job transfer and salary reduction that lacks agreement and rationality, workers have the right to refuse; if the salary has been actually paid according to the reduced standard, they can apply for arbitration to demand compensation for the difference, and if the circumstances meet legal requirements, they can also claim economic compensation for forced termination. Whether the claim will be supported depends on the evidence of the rationality of the job transfer and the evidence of objection: if the employer can prove that the job transfer is due to the needs of production and operation, the position is related, and the salary is equivalent, and the worker has not timely objected to the actual performance of the duties, the change may be deemed effective. The outcome of the case depends on the evidence and the arbitrator's determination, and no lawyer can guarantee victory or defeat unilaterally.

Q2: What evidence do I need to prepare if I want to claim compensation for the difference in job transfer and salary reduction?

There are five categories of core materials: First, the labor contract, which is used to fix the original position and original salary terms; Second, the notice of job transfer and salary reduction, the recording of the conversation or emails, which prove the fact that the employer unilaterally changed the terms; Third, the written objections raised by the worker within one month and the delivery receipts; Fourth, the pay slips and bank statements, which are used to calculate the monthly differences; Fifth, the attendance records and the performance records of the new position, which prove the actual provision of labor. If it involves forced termination, it is also necessary to keep the termination notice and the explanation of the termination reasons.

Q3: How much does it cost to resolve such disputes, and how long does it take to reach a resolution?

Labor arbitration is free of charge; for litigation-stage labor dispute cases, a fee of 10 yuan per case is charged, and the fee is halved for cases settled through mediation or summary procedures; attorneys' fees are determined through negotiation between the law firm and the client, with no unified government pricing. Fees can be charged on a per-case basis or as a percentage of the case value. In terms of time, arbitration generally concludes within 45 days, and complex cases can be extended by 15 days; after filing a lawsuit, the first-instance ordinary procedure is completed within six months, and the summary procedure is completed within three months. Cases with clear accountability of differences and complete evidence usually have shorter processing periods, and mediation can be attempted as a priority.

Q4: I've already received my salary according to the reduced pay for several months. Can I still ask for it back?

During the employment period, workers can still claim their rights. If a dispute arises over unpaid wages during the continuation of the labor relationship, workers can apply for arbitration without being subject to the one-year statute of limitations and can claim back the underpaid portion; however, if the labor relationship terminates, the claim must be filed within one year from the date of termination. It should be noted that if workers do not raise objections within one month after actually receiving a reduced salary, they may be deemed to have agreed to the change, which will make it more difficult to seek redress. It is recommended that workers raise written objections as soon as possible and fix the evidence of the wage difference on a monthly basis to avoid being passive in the process.

Q5: If I don't agree with the job transfer and salary reduction, what should I do first?

There are four steps to proceed: First, within one month after receiving the notice, express objections in writing and keep the proof of service; Second, continue to perform duties normally in the original or new position to avoid giving the unit legitimate reasons for termination, such as absenteeism; Third, check the salary payment monthly and compile a list of the differences; Fourth, if no agreement can be reached, file a complaint with the labor supervision department or apply for arbitration. If the employment is terminated due to the employer's failure to pay the full labor remuneration, the employee may also claim economic compensation. If you are unsure about the strategy, consult a professional lawyer as soon as possible.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.