Research On The Modification Of Labor Contract

In the actual performance of the labor contract, changes in the contract is a common phenomenon. themodification of labor contract refers to that employers and workers make changes the labor contract thatnot yet fulfill or has not been fully performed by consensus, according toThe legal conditions andprocedures. The presence of modification of labor contract, not only improved the contents of the originallabor contract, but also has great practical significance to the the maintenance of employer and the workers’legitimate rights and interests.The modification of labor contract is an important legal system in performance of the contract, therelationship between the parties is special, there are significant differences compared with the general civilcontract change. But our laws not say much about changes in the contract, the legal system of laborcontracts change is incomplete. In practice, the labor contract changes problems also reflect the defect ofthe current legal system. Such as there quest that negotiation of consistent and written change is notconducive to the protection of labors’ rights and interests. Limited the employer’s labour autonomy, Can notmeet the demands of reality, and can not be better to maintain the legitimate rights and interests of theemployer. To the interests of both employers and workers,It is necessary to thorough research onmodification of labor contract.This paper begin with the basic theory of changes in the contract, Based on the maintenance ofworkers’ legitimate rights and interests, analysis Issues related to the system in the contract changes inChina. First clear the meaning and content of modification of labor contract, Analysis of the relevantlegislation in China and points out the problems, on the basis of Learning from foreign advanced legalsystem and theoretical, and then put forward my own suggestions for improvement.This article includesintroduction, main body and conclusion, The introduction mainly describes the background and researchsignificance of this article, described the research ideas and methods of this article. The text is divided fourparts to research on the legal issues of the existing problems and countermeasures in China’s labor contractchanges. The concluding section summarizes the contents of this article,clear the author’s views,reaffirming the significance of researching the modification of labor contract.Firstly, Introduced the basic meaning of modification of labor contract, analyzed on the theory of the broad and narrow said, that narrow sense point of view should be adopted; analysis of the contents ofthe labor contract changes, Including jobs, labor remuneration, working place and other aspects of change;Highlighted the difference with civil contract change, to distinguish from the contract change factors,whether the formation of abstract rule and theory as well as the way of modification.Secondly, analysis of the present legislation in china about changes in the labor contract, Introducedthe procedures of modification of labor contract. On this basis, A detailed analysis of problems and defectsin the system of changes in the labor contract.is conducted, Pointed out the problems that the requirementsof consensus and written changes confused the labor contract changes and perform in the practice,notconducive to the protection of laborers’ rights and interests, and limit the the employer’s labour autonomy.Thirdly, comprehensive comparative analysis of the provisions on the contract changes system indifferent countries and regions of civil law and common law, and thus providing relevant experience toimprove our system. Through the civil law countries and the region of Taiwan legal provisions andpractices，we can known that they recognized the employer has the right to change the substantive contentof a labor contract in certain special circumstances, Meanwhile,Do not require contract changes must be inwriting, more emphasis on flexibility, worthy of our reference.Fourth, on the basis of analysis of the current changes in the contract system, proposed the Initiativesto fill the lack of changes in the contract system in China. to improve the labor contract changes shouldfollow the tilt of workers protection and adaptation of practical principles, full respect for the interests ofthe two parties of the labor contracts, reasonable flexibility in the use of the manner and form of changes inthe contract. In the specific implementation level: First of all, clear the parties the right to unilaterallychange, such as explicitly gives workers the right to change the employment contract based on the physical,psychological and physiological changes; In exceptional circumstances, give the employer the unilateralright to change the work, place of work, remuneration and other relevant aspects, however, in order toimplement the principle of protecting workers’ rights, should attached some restrictions to employerunilaterally change. Secondly, certainly the effectiveness of non-written change form, Flexibility in the useof non-writen form. Again, build the distinguishing criteria between the labor contracts’ performance andmodification.