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Research On Legal Problems Of Alteration In Labor Contract

Posted on:2014-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z L YinFull Text:PDF
GTID:2296330425979432Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
After a labor contract has been engaged, the ideal state is that it is performed until theexpiry of the time limit completely according to the contract content, but this kind of situationis a rare one in practice. In most cases, the labor contract calls for proper adjustmentaccording to the client’s needs in the process of the performance, therefore the change of laborcontract is involved inevitably. In the process of performing as a necessary part of laborcontract, whether legislation design of the system directly affects the stability and harmony oflabor relations.For the labor contract changes, how to divide the employer’s right of operation andmanagement and the boundary problems of labor contract is very important. This paper fromthe protection of the legitimate rights and interests of workers while starting the employer theright of management, combined with the practice of legislation and case analysis to ourcountry labor contract change system seasonal, local legislation and mining resources, learnfrom the successful experience of other countries and regions, and puts forward somesuggestions on China’s labor contract system, the labor contract is expected our country tochange the system can stably and orderly operation.In addition to the introduction and conclusion, the text is divided into four parts, themain contents are as follows:The first part is the basic theory problems for the modification of labor contract. Becauseof the principle of China’s relevant legislation on the provisions of the labor contract changes,so it is necessary to define the concepts related to labor contract change. China’s laborcontract legislation provides only the type of change negotiation changes, other types ofchanges in this part will be introduced one by one. The key is changed by employer.Especially for the type of change theory of five theories about the theory of management right,the theory labor contract, the theory of the general agreement, theory of Special agreementand the denial theory to make analysis and evaluation.The second part mainly with the " labor law "," labor contract law ", the relevant judicialinterpretations and legislative practice around on the analysis of the problems, these problemsare mainly: to change the form of the labor contract, agreed in advance to effect change interms of the labor contract, the employing unit to adjust the labor contract according to the results of performance appraisal basis the problem, which involves the effect conflictresolving labor contract and the rules and regulations. In addition, there are new judicialinterpretation issued guidance and relax around the court and in the context of economic crisisto resolve the dispute on modification of labor contract written change form the draft.The third part mainly introduces the legislation experience of various countries andregions, to distinguish between France made to the labor contract changes of substantivechanges and non substantial changes, the change of labor contract and labor conditionschange as well as to the legitimacy and rationality of judge agreed in advance to changeclause standard; Japanese labor contract and employment rules changes and rationality theevolution and development of factors; duty and after the employer unilaterally decided tolabor contract major changes in Sweden employers fired before the mandatory exchange workmust provide " acceptable reason "; change of Germany’s dismissal system; South Korea’semployer " subject to civil justice discretion " a unilateral decision based on the servicechange command exercise, change right reserved in the justice discretion principle of honestyand credit and the unilateral decision of the range and the employer based on implied consentunder what circumstances can change the labor contract.
Keywords/Search Tags:labor contract, form of change, unilateral change, reasonable limit
PDF Full Text Request
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