The Study On Legal Issues With Respect To Employer's Unilateral Change Of Labor Contract

Our current labor law has not such concrete regulations that the employer has the right to unilaterally change the employment contract. However, the labor law established the right to unilaterally change the employment contract is consistent with the characteristics of modern labor contract and it is also beneficial to employers and workers to achieve a balance between the interests of them. Thus it is necessary to establish the systems of unilaterally changing the employment contract.Based on the analyses of Taiwan and Japan scholar, the author of the essay put forward the legislative idea of establishing systems of changing employment contract unilaterally. The right for the employer to change the employment contract unilaterally should adhere to the principle of non-violation of mandatory provisions of law, the principle of rationality, the principle of benefit.The situations of applying the systems of changing employment contract unilaterally can be divided into four broad categories:the unilaterally change for enterprise management; the unilaterally change based on enterprise regulations; the unilaterally change based on what the employment contract agreed; other situations. The author of the essay will analyze each of these cases, while a clear case for each of the applicable regulation to prevent abuse of rights.The procedural program for the unilaterally change will be based on different situations with different design procedures to ensure that employment contract procedural safeguards. For legal consequences of unilaterally changing the labor contract, the author of the essay will clarify its legal and illegal consequences.