A Study On The Termination Of Labor Contract By Employing Unit Due To The Change Of Circumstances

For the "objective conditions changed much," the labor contract can not be fulfilled in the judicial practice should be how to define,the current laws,regulations and judicial explanation was not to be clear,in the process of trial rely more on the arbitrator or the discretion of the judge,to grasp the scale of each court also each are not identical,lack of reference for unit of choose and employ persons,also causes in the process of judicial practice the principle of changed circumstances in the field of labor law applicable misunderstanding.In the field of labor,it should be a harmonious and win-win situation between the unit and the laborer.In particular,when the labor relationship is terminated,the loss of interests of both parties should be minimized so as not to cause a big gap in the mind.However,in the process of development,in order to pursue interests,enterprises will often use various methods to avoid obligations."Labor contract law" the first(3)of article 40 of the applicable substantive requirements and procedural requirements,including in this paper,based on the case,from the terms of the applicable substantive requirements and procedural requirements,trying to define the scope of the "objective","major" standard of judgment,"fails to fulfill the" standards,"not agree".Make clear the defect of the system of advance notice period and payment in lieu of notice,strengthen the supervision function of trade union.If enterprises move behind the reason is that the government policy or modify,the competent department of the company has control of the main body,will tend to be recognized is the objective conditions,in addition the cause of the big decisions are independent,but the impact of these decisions is a large,conform to the "all or part of the labor contract clause cannot fulfill other situations",will also be considered as "objective conditions changed much.The "significant" standard is to reach the point of "unable to perform",so sometimes the occurrence of some circumstances of the enterprise is indeed an "objective situation",but because it does not meet the "significant" standard,it cannot be applied to article 40(3)of the labor contract law.Based on the case,this paper explores the basis of trial in practice,focuses on practical needs,and facilitates judicial practice and enterprise management.