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Research On Labor Contract Alteration System

Posted on:2021-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:S SunFull Text:PDF
GTID:2416330611996769Subject:legal
Abstract/Summary:PDF Full Text Request
The change of labor contract is an important legal system of China's labor law and an important part of China's legal system.The status of the parties to a labor contract is different from that of a general civil contract,and the status of the parties is subordinate.After the conclusion of the labor contract and before its full performance,due to the employer's production needs,changes in the workers' own conditions and needs,and changes in the objective environment,the parties cannot perform the labor contract at the time of conclusion.The content of the labor contract may need to be adjusted at any time,which requires the labor contract change system to solve this problem.The significance of the labor contract change system is to meet the needs of both parties without breaking the agreement reached by the parties on the labor relationship.Therefore,whether the system is perfect or not is related to the development of China's labor market and the stability of labor relations.The regulations on the labor contract change system are concentrated in the "Labor Law" and "Labor Contract Law".The two laws do not have many provisions on the labor change system and lack specific and operational rules.At the beginning of the promulgation of the law,it was more complicated,and labor disputes caused by changes in labor contracts also increased.Based on this background,this article summarizes the current legislative status and judicial ruling rules of the labor contract change system,compares the relevant laws and regulations outside the country,summarizes the problems existing in the current labor contract change system,and makes recommendations to study labor contracts.The purpose of changing the system is to improve it,maintain the balance between the labor rights of the workers and the public autonomy of the employers,ease the contradiction between the workers and the employers and improve the labor legal system.
Keywords/Search Tags:Labor contract change, unilateral right to change, autonomy in employme
PDF Full Text Request
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