A Study On The Uni Lateral Change Of Labor Contract By Employing Unit

The labor contract is a continuous contract and the performance of the labor contract is not a static state,but a dynamic process.The market environment is changing rapidly under the current economic situation.The way for the enterprises to survive is to adjust the business strategies according to the changes of the market and pursuit the maximizing of economic benefits.The unilateral change right of the employer to the labor contract is an important manifestation of its operation independently right and should not be completely negated.Compared with employers,labors are vulnerable groups and should be protected in a sloping manner.Therefore,the unilateral change right of the employer should be limited within a reasonable boundary so as to ensure the balance between the protection of employer's operating autonomy and the labor's right.The main content of labor contract's change includes the alteration of workplaces,operating posts,labor rewards.These three contents directly affect employer's career are core contents of the labor contract.However,according to the analysis of application situations of the labor contract's change,employers put forward requirements of the labor contract mainly throw following three situations.First,according with legal provisions,this kind of condition belongs to employer's obligatory change.Second,when both side sign a labor contract,employers and labors have an appointment on questions of changing the labor contract,then the former gets the latter's general authorization.Third,on the basis of relevant rules and regulations,employers make corresponding changes according to performance assessment or disciplinary systems.On basis of the situation of employer unilaterally changing the labor contract,the article clarifies the connotation of the labor contract change through the type analysis.The current system in our country can be divided into three levels.First,strict requirements of "consensus + written form "in the Labor Contract Law;Second,Judicial Interpretation 4 allows for the form of oral alteration and implied consent for the relaxation of written forms;Third,in some places the employer unilateral agreed to change the contractual right.On the basis of the above analysis,this article summarizes the objective existence of the current system in our country.The regulations of the existing laws are too strict and lack of flexibility.It greatly restrict the exercise of the employer's operate independently rights.It is not suitable or our country's legislation purpose that establishes the internal labor market.Recognizing the employer's unilateral change of labor contract right not only has realistic needs,but also has sufficient legal basis in theoretical.First,labor relations are subordinate.Deploying the worker's job and workplaces is important.Content of the employer's command is an important manifestation of their personality subordination and organizational subordination.Second,labor contract is a continuing contract.Labor contract is different from other normal civil contracts.Time has an important position in labor contract.During the long-term contract fulfillment process,It will be greatly influenced by the market environment,policy environment and the operating condition of employers.Third,labor legislation is not a unilateral protection for the workers,but rather realizes the balance of the employer's and worker's right.Forth,Chinese labor regulation pursues the establishment of a stable labor relations and an internal labor market.Recognizing the employer's unilateral change of labor contract change of labor contract rights is an objective requirement for establishing an internal labor market.One the basis of analyzing the existing problems in the current system of our country and the legal basis for the employer to change the rights unilaterally,it can be learned that our country should recognize the employer's right to change the labor contract unilaterally and construct the perfect employer unilaterally to change the labor contract system.The construction of the employer's unilaterally changes the labor contract system mainly from two aspects:the entity the procedure.In the entity,the employer's unilaterally change right is settled.At the same time,due to the complexity of labor relations,the standard of justification can not be generalized,and specific discretion should be made according to different labor relations.In the procedure,in order to prevent the employer abuse their rights,plenty of ways are used.For example,it set employer internal complaint mechanism and the principle of judicial procedures applicable.It also helps the workers when employer abuses their rights.