Research On The Application Of The Circumstances Change Principle In The Dismissal Of Labor Contracts

The circumstances change principle stems from the principle of good faith in civil law.It is because of the balance of interests between employers and employees that the circumstances change principle has been implanted into the dismissal of labor contract.However,the labor law relationship is based on its unique personal attributes and property attributes.It also differs from general civil contracts in the application of the circumstances change principle to terminate labor contracts.Affected by the overall economic downturn,some enterprises often improve their core competitiveness through a series of dynamic adjustments in order to survive.These changes will inevitably affect the stability of labor relations.When it comes to the termination of the labor contract,the company tends to change its grounds based on the situation,because the cancellation cost of the contract is relatively low and it has strong arbitrariness.In the process of getting rid of "burden",the company often fails to provide sufficient evidence in the lawsuit to prove that the situation has changed,and finally falls into the situation of illegally canceling the labor contract.In view of this,it is necessary to discuss the scope and requirements for the application of the circumstances change principle in the dismissal of labor contracts.The first part of the paper draws questions by comparing the case with local regulations.The second part discusses the judgment basis and criteria for the change of situation.The third part focuses on the specific circumstances of the situation change,and makes a type analysis,in order to explore the use of the circumstances change principle to lift the conflict of value related to labor contracts conflict and judicial application.The fourth part discusses the exclusion of situational changes and further analyzes the scope of application of the circumstances change principle.The fifth part focuses on the elements of situational change application and the prospective of the improvement related to this problem.