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

After the Labor Contract Law was passed in 2007 and put into effect in 2008,it has a great and far-reaching impact on the improvement and development of labor relations in China.In the system of labor law,labor contract law plays an important role in adjusting labor relations.Therefore,the labor contract law should have its own basic legal principles.Introducing the principle of change of circumstances into labor legislation can be adapted to the principle of protecting workers in labor law on the one hand,and combined with the principle of good faith on the other.It plays a guiding role in the establishment of labor relations,the performance of labor contracts,the termination and termination of labor contracts,and can become a basic principle in adjusting individual labor relations.This article is divided into four chapters.The first chapter is the basic investigation of the application of the principle of change of circumstances in the labor contract.This paper summarizes the current situation of labor legislation in China and the relevant laws and regulations of some provinces and municipalities in China.It also includes the conditions that the principle of change of circumstances should meet when it is applied in the labor contract.Finally,the application of the principle of change of circumstances in the labor contract should have its particularity.Chapter two makes a concrete analysis of the existing problems in judicial practice with the article 40(3)of the Labor Contract Law,which is regarded as the main expression of the principle of circumstance change in the Labor Contract Law of China.How to identify the major changes in the objective situation and make the labor contract unable to continue to perform,inappropriate pre-negotiation procedures and unreasonable changes in the content of the labor contract are discussed.Through the combination of specific cases in various places,the problems are found and analyzed.The third chapter is to compare and analyze the "economic layoffs" in Article 41 of the Labor Contract Law with Article 40(3),find out the difference between the twolegal provisions,identify what is the "objective economic situation" according to the current legislative situation of the country and different places,and the problems that should be paid attention to in the process of economic layoffs.Chapter IV is based on the analysis and demonstration of the preceding article,prospects the application of the principle of change of circumstances in China's labor contracts,and puts forward corresponding suggestions for improvement.By establishing and improving the corresponding mechanism system,while ensuring the employer's autonomy in employment,it can also safeguard the legitimate rights and interests of workers and balance the interests of employers and workers,thus promoting the establishment and harmony of labor contracts.Harmonious labor relations.The purpose of this paper is to illustrate that although there is no formal recognition of the principle of change of circumstances in our current legislation,from the current judicial situation and relevant legislative practice,the principle of change of circumstances has been widely used and exists in legal provisions in its unique way.By analyzing and quoting the relevant judgments of domestic courts at all levels,this paper demonstrates the necessity and reality of applying the principle of change of circumstances in labor contract law.Reasonable application of the principle of change of circumstances will play a positive role in maintaining the stability of labor relations and better promote the harmonious development of society.