Research On The Statutory Amendment Of Employment Contract

There is a lack of systematic research on the statutory amendment of employment contract in the academic circles,and few scholars agree that there is such kind of amendment.That prompts the author taking a research on this question from the angles of theory and law.So,this article bases on the protect to employees' legal rights,and the basic legal theory of civil law and labor law,then analyzes how to comprehend the statutory amendment of employment contract.The key points of this article are embodied in two innovations.One is theoretical innovation,which the article makes clearly that the statutory amendment of employment contract exits in theory for the perspective of substantive justice.Defines this kind of amendment by using definition rule in logistics,and discuses its characteristics of legality of reasons,desirability of amendment,multiplicity of legal consequences and sociality in legislative intent.Besides these,the article regards this amendment as an obligation to employer but a right to employee,and this right should be included in claims,whose realization needs help from others.The other one is practical innovation,which include two parts.The first part is analysis to legal rules.The article combs present rules then concludes two types ten kinds in total,and summarizes all constitutive requirements including one formal requirement of written change and four substantial requirements which are existing of labor relation,reasons legally,behavior of amendment effectively and content clearly.Furthermore,two parties should reach agreement in procedure.The second part is a discussion on legal consequences,under some circumstances such as obligation not fulfilled,requirements not met or procedure illegal,parties should take what types of legal consequences.