Recognition Of Significant Changes In Objective Circumstances In Labor Contract Law

As my country's economy enters a new normal,enterprises have begun supply-side structural reforms.In this context,the labor contracts signed between laborers and employers are sometimes unsustainable.In our country,in order to achieve a balance of interests between labor and management or maintain the stability of labor contracts as much as possible,a no-fault labor contract termination system is stipulated,that is,Article 40 of the Labor Contract Law.The third paragraph states that the employer can terminate the labor contract with the employee based on this law when encountering a major change in the objective situation without incurring excessive compensation.The formulation of this rule is intended to re-coordination of the interests of both parties after major changes have taken place in the objective conditions on which the labor contract concluded by the parties before.However,in real life,the application of this clause is not standardized.In judicial practice,the identification standards of different judges in different courts are not completely the same,leading to vastly different judgment results,insufficient understanding,and misunderstandings in application.In order to clarify the meaning and specific application of the legal article "Major changes in objective conditions",this article mainly discusses from four aspects,namely,the problems encountered in reality,the legal basis of "Major changes in objective conditions",and objective The typified analysis of the situation and the application of the status quo,the strategy of identifying "significant changes in the objective situation".This article sorts out and compares the cases,and shows that there are more or less different judgments in case judgments and the arbitrary interpretation of laws and regulations by employers.After that,I focused on the theory of law.Through analyzing the legislative evolution and legal analysis of the provisions,it discussed the background of our country's legislation and the changes that our country has made to this provision at this stage.Compare with the principle of “change of situation” in the civil law,analyze its similarities and differences,and cannot completely copy the situation of the principle of “change of situation” in the civil law.The second half of this article is mainly based on the actual situation,through the classification of the objective circumstances and the explanation of the real judicial judgment cases,and further digging into the provisions.The statement on how to identify major changes in the objective situation provides a certain reference value for my country's future judicial practice and the application of law.It mainly summarizes some of the problems analyzed in the previous article and the program proposed by the author.