The Improvement Of The System Of Labor Contract Alteration

With the development and prosperity of China’s market economy, the emergence of new circumstances, requiring workers and employers to change the labor contract to reform rights and obligations in order to adapt to the changing of the objective situation. Performance of the labor contract is not static, but a dynamic process, the labor contract is just a continuing contract, which is likely to change the labor contract during the performance. "People’s Republic of China Labor Law" Article 35-sided emphasis on writing in the changes of the contract, and employment is not conducive to the autonomy of the employer. "Supreme People’s Court on the trial of labor dispute cases applicable to a number of issues of interpretation (d)" verbal recognition of the effectiveness of the change, the Supreme Court recognized that the labor contract is a dynamic process, but its provisions are too principle, can not effectively analyze complex working life, and also can not effectively resolve labor disputes. Modification of labor contracts, while respecting the autonomy of enterprises but also to prevent corporation abusing the right to adjust depression among workers in non-interest. It’s worth us to research how to balance the interests of both sides. Provisions on labor contract changes of our country, its rules of adjudication having different standards, and the unpredictable of judicial predictability and stability, all of this need to improve.The first part of this paper is the definition of the changing of the labor contract and the main cases of labor contract changes. Focus on the unilateral right to change of employers, associated with five doctrines to analysis, namely the right of operation, the theory of the general agreement, the theory of labor contract, theory of special agreement and the theory of denial. Discussing the main case of the changing of labor contracts (work content, place of work, remuneration).The second part of this paper describes the status of the system changes in the contract. Mainly from the "Labor Law", "Labor Contract Law", the Supreme Court of Justice Explain the four begin to analyze, of course, local legislation to changes in the contract has also been analyzed. Too simple and rigid "Labor Contract Law" to change of the labor contract, lack of referee rule of the changing of labor contracts. The issues we met on the Changing of the labor contract also were analyzed, including the scarcity of fundamental principle. The procedural requirements and reasonable review of the provisions of the employer unilaterally change the employment contract is not clear. The workers lack of the right to unilaterally changethe contract under certain circumstances. For a community to change labor contracts lack the appropriate system design.The third part of this paper analyzes the extraterritorial changes in the contract system. Mainly analysis the China’s Taiwan, Japan and other countries. "Five Principles of transference" is specific judgment criteria, and legality, necessity, reasonableness and other flexibility principle is as abstract standards. Taiwan binds to specific cases to do specific analysis in solving problems of the changing of the labor contracts; diversification trend was presented in solving the problem. Japan reasonableness criteria related the labor contract changes are worth learning.The fourth part presents how to improve our system of changes in the contract. Mainly are:to establish the basic principles of labor contract changes, there are consensuses, the situation changes, adverse alteration prohibition. Building the reasonable restrictions of the employers unilateral right, which can not exceed a certain predetermined level, a reasonable exercise of its right to change the contract is necessary, review its legality or not, necessary or not, and establish a standard for judging. To add workers the right to unilaterally change under certain circumstances, not only concerned with the unilateral right of the employers, the workers unilateral right to change should also be clear under certain circumstances. Further to balance the interests between employers and workers. Improve mass changes in the contract system is not only conducive to safeguarding the legitimate rights and interests of workers, but also can do effective solutions when to meet mass labor disputes.