Study On The System Of Alteration In Labor Contract

Since the beginning of New China, we followed the former Soviet Union to established a economic system oriented by a highly centralized plan, the government controled national economy from a macro level to micro level, all workers had a stable job,and their work and lives had guaranteed by the state on a full range. With the development of society, the economy oriented by the highly centralized plan appeared shortcomings gradually, the fixed employment mode could not meet the practical needs. During the process of reform and opening up, China's employment system is changing. To 1996, distribution of labor force was abolished throughout and emlpoyees and employers have the rights of two-party-choice. But China has a large population, labor force supply exceeds demand, and employers have more power naturally,the relationship between employees and employers urgently need for new legal regulation to regulate, so "Labor Contract Law" was constituted. Before the promulgation of "Labor Contract Law" China had promulgated "Labor Law" which included the regulation on labor contracts. But two laws are principled on the items of alterations in labor contract. To sum up, labor contract alterations are approved by consensus of employees and employers in written form, the employer have the right to unilaterally alter the employment contract only under a few specific cases.Objectively speaking, consensus by negotiation and written form have their positive significance, reflecting the declining orientation of the protection of employees, but also reflects the public authority's intervention in labor relationship, but their flaws are also very clear:to make alterations in the labor contract not flexible enough, limit the autonomy rights of the employer's. In addition, the laws does not set the necessary limits on employers'unilateral alterations. These defects bring inconvenience to the employers'management of human resources by reducing efficiency, and go against protecting the legitimate rights and interests of workers. Labor contract is a continued contract, both on a theoretical point and a practical point, alteration is necessary. There are disputes on the alterations in theory and practice, the dispute focused on whether the employers have the right to unilaterally change, unilaterally change fields. Nations (or regions) are not the same in practice. In generally, common law pays more attention to the spirit of "complying with contract strictly", while Japan recognizes the employer have the rights to unilaterally alter the employment contract, but should be subject to the necessary restrictions. In a economy oriented by market country, the employer division, merger often occurs, it also involves the party of labor contract changes, states (or regions) have different ways on this issue.As mentioned earlier, in the long-term performance of the process, alterations of the labor contract are necessary, and our system in this field very imperfect, can not meet the need of social reality, it must strengthen the relevant systems, and promote harmonious labor relations to achieve mutual benefit of both employers and employees. To change the terms of the labor contract, the first is to admit that the employer has the right to unilaterally alter based on business needs; Secondly, we should put necessary limits on the right of unilateral alter; Finally, the employer should follow statutory procedures to alter the employment contract unilaterally. To alteration of party of labor contract, the rights and obligations of employers and workers should be ruled by law.We should make legal regulation more perfect and put it in practice strictly.