[Direct answer]In the Beijing area, it's not necessarily legal, and the key point is whether there's been a consensus through negotiation and what stage of treatment the worker is in. During the period of suspension of work and retention of salary, the original salary and welfare benefits of the injured worker remain unchanged, and the employer shall pay them monthly, in accordance with Article 33 of the "Regulations on Work-Related Injury Insurance" (promulgated on April 27, 2003 and amended on December 20, 2010); after the period of suspension of work and retention of salary expires and the worker undergoes a labor capacity assessment, if the employer unilaterally transfers the worker to a different position or reduces their salary, it shall be in accordance with Article 35 of the "Labor Contract Law of the People's Republic of China" (adopted on June 29, 2007 and amended on December 28, 2012). Any changes to the agreed contents of the labor contract must be made through consensus and in writing. Unilateral salary reductions without negotiation are generally illegal.

1. Problem background and typical scenarios

After returning to work, the most common embarrassment that injured workers face is "losing their jobs and having their salaries reduced". Common situations include: after the end of the period of paid leave for work-related injuries, the employer arranges them to work in more tiring and lower-paid positions on the grounds that "the original position is already occupied"; after the assessment of the disability level, the employer directly reduces the basic salary on the grounds that "they can no longer engage in their original work"; and some employers stop paying the original salary during the worker's treatment and calculate the salary according to sick leave. Workers often worry that refusing to accept the transfer will lead to dismissal, leaving them in a dilemma.

II. Key points of contention

First, the treatment during the period of suspension of work with pay. During this period, the original salary and benefits remain unchanged and are paid monthly. The period of suspension of work with pay generally does not exceed twelve months, and the duration may be extended appropriately if the injury is serious and confirmed by the municipal-level labor capacity appraisal committee. Second, the job placement arrangements after the appraisal. For workers with disabilities at levels I to IV, the labor relationship is maintained and they retire from their jobs; for those at levels V and VI, the employer arranges suitable work for them, and if it is difficult to arrange, a disability allowance is paid monthly; for those at levels VII and X, the labor contract is terminated upon expiration or the worker may request termination, otherwise, the contract generally continues to be performed. Third, the legality of job transfer. Changing jobs and salaries constitutes a modification of the labor contract, which should generally be agreed upon by both parties in writing. It is unfounded for the employer to unilaterally reduce the salary on the grounds of "operational needs". Fourth, remedies for illegal job transfer. Workers can apply for labor arbitration, claiming to restore their original job and benefits, or to terminate the contract and claim economic compensation. In cases of illegal termination, they can also claim compensation.

III. Professional analysis by Henglue Law Firm

When adjudicating such disputes in the Beijing area, the court typically first examines whether the transfer of job positions and reduction of salaries have a statutory or contractual basis, and then checks whether the procedures are in compliance with the law. The employer's common defense is that "the employee is no longer capable of performing the original job duties", but according to the rules of the Work Injury Insurance Regulations and the Labor Contract Law, workers who have suffered work-related injuries are entitled to corresponding job protection and compensation guarantees by law. Employers are not allowed to reduce salaries under the guise of work-related injuries; for workers with level 5 or 6 disabilities, arranging appropriate work is the employer's obligation, not a reason to arbitrarily reduce compensation. There are three high-frequency risks in practice: first, the employer notifies the worker of the job transfer orally, and the worker fails to keep records, making it difficult to provide evidence; second, after the job transfer, the salary structure is split, with the total amount appearing unchanged but the overtime and performance bonuses being significantly reduced; third, the employer pays the wages during the suspension of work and salary period at the minimum wage or sick leave wages. When handling labor arbitration cases, Henglue Lawyers typically first calculate the duration of the suspension of work and salary period and the difference in compensation owed, then determine the legality of the job arrangement based on the disability level, and simultaneously fix key evidence such as the labor contract, salary records, attendance records, and job transfer notifications, to claim wage differences or economic compensation. For issues related to the connection between work-related injury identification and labor capacity assessment, please refer to the relevant provisions of the Work Injury Insurance Regulations and the Labor Contract Law.Labor arbitration and work-related injury compensationThe overall idea of this article is to discuss the importance of proper preparation for job interviews and provide some practical tips on how to prepare effectively.

IV. Practical suggestions and legal basis

According to Article 33 of the "Regulations on Work-Related Injury Insurance" (promulgated on April 27, 2003 and amended on December 20, 2010), if an employee suffers an accident at work or develops an occupational disease and needs to suspend work to receive work-related injury medical treatment, their original salary and benefits will remain unchanged during the period of suspension of work with pay, and the employer shall pay them monthly. Articles 35 to 37 stipulate the job placement arrangements and compensation standards for workers with disabilities at levels I to X. Article 35 of the "Labor Contract Law of the People's Republic of China" (adopted on June 29, 2007 and amended on December 28, 2012) stipulates that any changes to the content of the labor contract must be agreed upon by both parties and made in writing. Article 42 stipulates that if an employee suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost their ability to work, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41. Suggestions: First, after receiving the notice of job transfer and salary reduction, respond in writing that you do not agree and keep the receipt of the notice; Second, check your salary monthly and claim any differences promptly; Third, participate in the labor capacity appraisal as required, as the disability level directly determines the protection of your job and compensation; Fourth, file a request within the statute of limitations for labor arbitration, and if it involves the termination of the contract, carefully evaluate the claims for economic compensation and damages. 依据《工伤保险条例》（2003年4月27日公布，2010年12月20日修订）第三十三条，职工因工作遭受事故伤害或者患职业病需要暂停工作接受工伤医疗的，在停工留薪期内原工资福利待遇不变，由所在单位按月支付；第三十五条至第三十七条规定了一至十级伤残职工的岗位安排与待遇标准。《中华人民共和国劳动合同法》（2007年6月29日通过，2012年12月28日修正）第三十五条规定，变更劳动合同约定的内容应当协商一致并采用书面形式；第四十二条规定，在本单位患职业病或者因工负伤并被确认丧失或者部分丧失劳动能力的，用人单位不得依照第四十条、第四十一条的规定解除劳动合同。建议：一是收到调岗降薪通知后书面回复不同意并保留签收凭证；二是逐月核对工资，发现差额及时主张；三是按要求参加劳动能力鉴定，伤残等级直接决定岗位保护与待遇；四是在劳动仲裁时效内提出请求，涉及解除合同的，审慎评估经济补偿与赔偿金的主张方式。

5. Henglue Law Firm's Advice

The protection of the workplaces of workers who have suffered work-related injuries is granted by law and is not subject to internal regulations or verbal arrangements of the employer. It is particularly important to note that the statute of limitations for arbitration is not flexible. For wage-related claims, a one-year statute of limitations generally applies, calculated from the date when the party knows or should have known that their rights have been infringed. The longer the delay, the less compensation can be claimed. If the employer terminates the contract on the grounds of refusing to transfer the worker to another position, it is necessary to review whether the grounds for termination are valid. The compensation standard for unlawful termination is twice the economic compensation standard. For cases where there is concurrent liability for personal injury compensation, reference can be made to the relevant provisions.Personal injury and medical disputesTheir experience in assessing damages; for cases requiring simultaneous handling of social insurance retroactive payments and settlement of work-related injury compensation, they can coordinate with relevant departments to ensure that all aspects are addressed comprehensively and efficiently.Specialised legal servicesThe overall arrangement.Beijing Henglue Law FirmIt is recommended that you confirm your position and compensation in writing with your employer during the resumption of work to avoid subsequent disputes.

VI. Frequently Asked Questions

Q1: Is it illegal to transfer an employee to a different position and reduce their salary after a work-related injury? What are the chances of winning the lawsuit?

It depends on whether the job transfer is agreed upon by both parties, whether the employee is in the period of suspension of work with pay, and the degree of disability. Unilateral salary reduction arrangements made by the employer without written consultation are usually difficult to gain support, and employees who truthfully claim wage differences and economic compensation have a higher success rate.

Q2: What evidence do I need to prepare?

The labor contract, the decision on the identification of work-related injuries, the conclusion of labor capacity appraisal, the payroll and pay slips, the attendance clock-in records, the notice of job transfer and salary reduction and the receipt of the notice, the chat or audio recording materials communicated with the unit, and the proof of the treatment period and the time of returning to work.

Q3: How much does it cost to protect one's rights?

Labor arbitration does not charge fees, and the acceptance fees for labor disputes in courts are relatively low. Lawyer's fees are determined through negotiation based on the stage or the subject matter. For cases involving disability assessment, an appraisal fee must be paid to the appraisal institution.

Q4: How long does it take from arbitration to receiving the money?

Labor arbitration cases generally should be concluded within 45 days after being accepted, and the time limit may be extended in accordance with the law if the case is complex; if the party is not satisfied with the arbitration award and files a lawsuit, the first-instance trial usually takes three to six months. For cases involving the settlement of work-related injury benefits, the timeframe depends on the appraisal and social insurance procedures.

Q5: If you receive a notice of job transfer and salary reduction, what should you do first?

First, reply in writing to state your clear disagreement and keep the receipt as evidence. Continue to attend work at your original position to avoid being deemed as absent without leave. At the same time, collect evidence of your fixed salary and wages. Submit an arbitration application as soon as possible within the arbitration statute of limitations to prevent your rights from expiring.

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

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits.Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.