Research On The Legal Issue Of Employer Modifying Labor Contract Unilaterally

Consensus is a basic principle in modification of the labor contract under the laborlaws of PRC, but employer modifying labor contract unilaterally is a commonphenomenon in the current situation which cannot be ignored.And it is a principal embodiment of employer’s managerial decision-making power,which should not be completely denied. On the other hand, the legitimate rights andinterests of the labors who is in an inferior position should be respected. If there are noreasonable restrictions on employer modifying labor contract unilaterally, labors would bein predicament. Reasonable restrictions on employer modifying labor contract unilaterallyare good for the balance of employer’s managerial decision-making power and thelegitimate rights and interests of the labors.There are two forms whenemployer modifying labor contract unilaterally,which arewritten form and oral form.And the written form is the legal form under the law.It isnecessaryto judgetheir force by actual situation under the law.Modification of positionandmodification of salary are the most common.In order to prevent employer damage rightsof employee，some restrictions is necessary. Besides, employer unilaterally modifying thelabor contract also often leads to the determinationof Labor Contract. In formercases,employer unilaterally modifying the labor contract is the legal pre-program, and atother times employer will take the unfavorable obligations for it. Through the dissertationof former issues, we can make clear every factor in employer modifying labor contractunilaterally.Through the analysis of theories and cases, the paper is trying to figure out theproblems existing in unilateral modifications for labor contract from employer currently,and bring some advices for reasonable restrictions on it.