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Research On Employer's Unilateral Change Of Labor Contract

Posted on:2018-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
GTID:2416330566985813Subject:Law
Abstract/Summary:PDF Full Text Request
Employers often adjust their employees' positions,salaries,and places of work in response to their management needs.In essence,the employer's behavior is the employer's management autonomy and is also a personnel management mechanism.Therefore,employers adjust their employees' position,salary and place of work,on the one hand,the employer exercises the right of independent management,on the other hand,the content of labor contract has been changed.At the same time,the laws and of our country allow employers to change the contents of labor contracts.In real life,the law of our country concerning the unilateral modification of employment contracts by employers,the contradiction between employer's management and employee's right of professional stability is irreconcilable,and even lead to some difficult problems of practice.In this paper,a large number of real cases are analyzed to discuss the legal basis for employers to unilaterally change labor contracts,and focuses on how to restrict the employer's right to unilaterally change the labor contract,that is to say,it is lawful and reasonable to evaluate the employer's decision to change his position,salary,and place of work.Especially at a time of global economic and financial upheaval,most of this is concentrated in labor-intensive enterprises,part of the labor-intensive enterprises will use "malicious" means to adjust the employee's position,salary,place of work,in order to replace the labor contract.In this case,if employers and employees are unable to reach an agreement,how can the two parties correctly apply the relevant laws concerning labor contracts.
Keywords/Search Tags:Unilateral change of labor contract, Management autonomy, Basic principle, Reasonable restriction, Principle of beneficence
PDF Full Text Request
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