Study On The Application Of Clausula Rebus Sic Stantibus In The Dispute Over The Change Of Labor Contract ——Taking The Change Of The Labor Contract Due To Enterprise Operation As Example

Affected by the external economic environment,it is becoming more and more common for enterprises to unilaterally change the main content of labor contracts such as the working place,the working position,the salary and remuneration,by means of relocation,adjustment of organizational structure,and changes in business content.However,there are different judgments in judicial practice for such cases where the labor contract changes due to the operation of enterprise.Taking the "Study on the Application of Clausula Rebus Sic Stantibus in the Labor Contract Change Dispute Cases" as the title is aimed to explore how to balance the autonomy of business operation and the protection of labor rights and interests when the labor contract is changed.Studying on the application of Clausula Rebus Sic Stantibus in labor contract change dispute cases has both theoretical and practical values.On the theoretical level,on the one hand,it summarizes the applicable rules of Clausula Rebus Sic Stantibus in labor contract change dispute cases to fill the theoretical research gap of Clausula Rebus Sic Stantibus in the field of labor law.On the other hand,as a special civil contract,the labor contract is conducive to perfecting the theoretical study of Clausula Rebus Sic Stantibus in the civil law field.On the practical level,the concretization and typification of application of Clausula Rebus Sic Stantibus provides guidance for judges to accurately understand and apply Clausula Rebus Sic Stantibus in the trial of labor contract change dispute cases,in order to solve the problem of different judgments in similar cases.At present,the court has also explored the application of Clausula Rebus Sic Stantibus in the dispute over the change of the labor contract,but there are difficulties in directly applying the principle of civil law in the field of labor law.In view of this,it is necessary to construct the applicable rules of Clausula Rebus Sic Stantibus in disputes over labor contract changes.The applicable elements of Clausula Rebus Sic Stantibus in civil law are divided into objective elements,subjective elements,time elements,and consequence elements.Adjustments should be made in the labor law.For example,in terms of objective elements,the force majeure system in China’s civil law is in parallel with Clausula Rebus Sic Stantibus.And the force majeure system has not been specificallystipulated in the labor law,it should be acknowledged that force majeure can be used as the cause of Clausula Rebus Sic Stantibus.In addition,based on the value orientation of the labor law to protect the weak,it is necessary to add restrictive elements and make restrictions on the applicable objects.The applicable effect of Clausula Rebus Sic Stantibus includes negotiation,change and cancellation.To ensure adequate negotiation,institutional arrangements should be made in terms of the form,method and time of negotiation.The effect of the change occurs when the labor contract is subject to change,and the employer shall exercise the unilateral right to change,but only if the adjusted labor contract will not be unfair to the laborer.The cancellation effect occurs when the labor contract cannot be changed,the employer exercises the right to cancel,and when a certain number of laborers are involved,it should also meet the procedural requirements for economic layoffs.In addition,when the employer neglects to exercise the right of cancellation,the laborer has the right to apply to the labor dispute arbitration committee and the court to cancel the labor contract and obtain economic compensation.