A Study On Modification Of Labor Contract

The modification of labour contract is a very common phenomenon in daily life, which is an important measure taken by employing units and labours when the subjective and objective conditions have greatly changed during the fulfillment of labour contract. Through modification of labour contract, the parties involved can adjust their rights and obligations in accordance with various changes. So, it is very important for protecting legitimate rights and interests of parties involved by modification of labour contract promptly and legally.Because of the particularity of the relations of the parties involved, the modification of labour contract, as an important law system during the fulfillment of labour contract, is significantly distinguished from the modification of general civil contracts. Issues of modification of labour contract in practice show all of defects in current legal system of modification of labour contract. As an important law system that relates to the legitimates rights and interests of labourers closely, modification of labour contract has not been concerned adequately for long time, and has seldom been deeply probed in both theory and practice. It is really a task worthy to be further and deeper researched that how to understand the particularity of modification of labour contracts and how to perfect the system standards.Standing for protecting legitimate rights and interests of labourers, and concerning about the autonomy in personnel placement of employing units simultaneously, this thesis initiates from the basic theories of modification of labour contract, and makes analysis and evaluations on the current legal system of China and the interrelated content in《the Labour Contract Method》(draft), finally leads to the author's ideas and comments. This paper consists of three parts, including preface, main body and conclusion. The body part insists of three chapters, briefed as below:Chapter one introduces the basic meanings of modification of labour contract, probes into the significance of modification of labour contract from theory and practice. Finally, draws the conclusion that the system of modification of labour contract is an important part of the whole legal system of labour contract.Chapter two initiates from the discussing of the relations of the parties involvedin labour contract, focuses on the analysis of the influence of the relations of the parties involved on modification of labour contract. Finally, points out the necessity of the adjustment by law to avoid producing unjust aftermath through modification of labour contract.Chapter three introduces the current legal system of modification of labour contract, point out the defects in it. Then, based on the preamble, brings forward some suggestions. In this chapter, how to improve general pattern and particular regulations of Chinese legal system of modification of labour contract is concerned .Suggestion on general principle includes the special protection for labourers, respect the autonomy in personnel placement of employing units and flexibility of modification. Then, author analyzes the variation of operating post, workingpiston and remuneration, and gives some specific suggestions on modification of labour contract accordingly.