The Interpretation And Reflection On "The Significant Change Of Objective Circumstances"

Under the new normal of economy,a large number of enterprises have started to adjust the production and management or the organization and structure,to seek for more space for survival and development,which has a great impact on the labor relations between the enterprises and workers,and sometimes even makes the labor relationship difficult to continue.Against this background,the enterprises often discharge the labor contracts in accordance with subparagraph 3 article 40 of the Labor Contract Law,namely the clause of "the significant change of objective circumstances".However,the application of this clause is prone to cause labor disputes,moreover,because the judicial standards are not clear and unitary,the disputes and contradictions in the judicial practice revolve around what is "the significant change of objective circumstances".To clarify exactly what is "the significant change of objective circumstances"and what specific situations it applies to,this thesis explores and discusses the legislative background,theoretical foundation and application actuality of "the significant change of objective circumstances" on the basis of subparagraph 3 article 40 of the Labor Contract Law,which is helpful to clarify its connotation and denotation,to understand it more profoundly and to apply it more properly.Specifically,the body of this thesis will be divided into five chapters.The first chapter discusses the legislative background and legal interpretations about the provision of "the significant change of objective circumstances",analyzes the necessity of this provision according to the development of the dismissal theory and the legislative purpose of the Labor Contract Law,and sorts out the relevant official interpretations and academic interpretations to summarize the existing understandings of“the significant change of objective circumstances".The second chapter collects and collates the relevant cases in judicial practice in order to obtain the scenes or occasions where the application disputes about the provision of“the significant change of objective circumstances" are triggered,compares and analyzes the results of different judicial decisions on the similar occasions to explore the crux of the disputes and contradictions in practice.The third chapter extracts two key words:"objective circumstances" and "significant change";the meaning of "objective circumstances" will be clarified by comparing with the similar systems and concepts;as for "significant change",it will be discussed from two aspects of degree and influence;then the connotation of "the significant change of objective circumstances"can be summed up.In the forth chapter,the specific situations to which“the significant change of objective circumstances”may be applied are divided into three types,which are relocation,subject alteration,production and operation adjustment of the employer;in addition,the judgment standards are put forward respectively;then the denotation of“the significant change of objective circumstances”can be delimited.Based on the study of first four chapters,the fifth chapter provides the author's views and suggestions on how to interpret and apply the clause of"the significant change of objective circumstances”to the judicial departments,employers and workers.