Research On The Dismissal System Of "Significant Changes In The Objective Situation"

Dismissal of "significant changes in the objective situation" is an important type of non-fault dismissal in China.However,the definition of "significant changes in the objective situation" is a difficult problem in practice.In recent years,the central and local jurisdictions have held a positive attitude to the expansion of employers' autonomy in employment,but have not comprehensively established rules for prohibiting abuse of rights.Workers' speaking rights in negotiating and changing contracts are further narrowed,and the employer may use its natural active position in the "significant changes in the objective situation" system to evade legal liability and damages the legitimate rights and interests of workers.In a complex and changing social and economic environment," significant changes in objective situation" should be appropriately relaxed,not only to maintain the business needs of the enterprise,but also to prevent the enterprises from making false the dismissal system of "significant changes in objective situation." At the same time,it is necessary to introduce principle of prohibiting from abusing right,giving workers the rescission right of in "significant changes in the objective situation",and build an objective and standard judicial review system.The perfection of the dismissal system of "significant changes in the objective situation" in terms of philosophy,legislation,and justice,will help the system to really play its role,and finally realize the legislative value of the labor law that inclining protection of workers and constructing of harmonious labor relations.