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Legal Analysis On The Reasons Of Labor Contract Alteration

Posted on:2018-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:X QianFull Text:PDF
GTID:2416330536475305Subject:Social law
Abstract/Summary:PDF Full Text Request
The alteration of labor contract is a common phenomenon in the process of labor relationship,refers to the process of employers and workers in the labor contract signed after has not yet fulfilled in response to the changes of various subjective and objective conditions taken,it is an important legal system in the process of the performance of the labor contract.In the process of labor production,there will be many changes.In practice,because the labor contract concluded from the end will have to perform a short or long period of time,during this time,there may be many unforeseen when the contract,the contract can not be scheduled to perform or fulfill is very difficult,so we need the content the contract should be adjusted.In 1997 the "labor law" provisions of the work of the content change of 2007 years "labor contract law" to increase the site changes,2013 "the Supreme People's Court Interpretation on Several Issues concerning the applicable law of labor dispute cases(four)" increases the determination of implied change.In this paper,from 2007 to 2016 the case as a starting point,according to the applicable law,summed up the different reasons for each year of modification of labor contract,China's "labor contract law","women's rights protection law"(2011),"occupation disease prevention law"(2016),"special provisions on the protection of female workers" the legal regulations of labor contract changes the legal matter,general law shows that no law or clear for illegal reasons,according to whether there is a consensus,and classified based on the agreement of both parties to the labor contract or express or implied by the employer leadership based on the natural need for production and operation of the cause the modification of labor contract.These changes in the labor contract is in line with the law,in line with the reason,it is debatable.The evaluation standards are different,and the scale of the application of the law is different.This paper summarizes the causes of the change of the labor contract in practice,and provides the theoretical basis for the theoretical research.In our country,the research on the change of labor contract is divided into broad sense and narrow sense.The generalized change includes the change of the main body of the labor contract and the change of the content of the labor contract.This paper focuses on the study of the change of labor contract.The mature theories of foreign countries and Taiwan are "right of management"? "general consensus theory"? "limited consensus theory"? "specific consensus theory"?"dichotomy theory" and "negative theory"".The research and practice of scholars summed up the reasons for the changes in the labor contract compared to find out the direction of research for China's actual needs,to provide guidance for the improvement of China's relevant laws.Changes in the form of labor contracts,the United Kingdom,the United States and the provisions of the contract change is very strict,only the contract agreement and consensus two possibilities.But for the specific change,to refer to the actual performance of the contract and private implied terms".The vast majority of civil law countries and regions to change the implied support,but for workers the right to unilaterally change is rarely mentioned,for the employer's right to unilaterally change the permissions restrictions,respectively.The change of the legislation for legal reasons,the provisions of the very detailed,but scattered in different laws and regulations,and there is no clear of workers the right to unilaterally change,for the modification of labor contract illegal reasons,China's law stipulates is careless,inconsistent with local regulations,to determine the time limited to implied change for different units,unilateral operational autonomy changes based on that,the appropriate relief means is not consistent.I hope that through this study,to find out the cause of the labor contract changes the actual impact from the case,combined with the research scholars,referring to relevant laws and regulations of foreign countries and regions,build changes system suitable for our country's labor contract,finally put forward the suggestions to improve China's labor contract law change.
Keywords/Search Tags:change of labor contract, empirical study, consensus, unilateral change right, management autonomy
PDF Full Text Request
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