On The Identification Of "Significant Changes In Objective Conditions" In The Dissolution Of Labor Contract

In the labor-capital relations of our country,as the main body of the market,the employer occupies a dominant position,while the laborer is relatively weak.To balance labor relations,Article 40 of the Labor Contract Law places restrictions on employers that a worker can only be dismissed without fault under certain circumstances,otherwise compensation shall be paid to the worker."Major change of objective situation" is stipulated in article 40,Paragraph 3 of the Labor Contract Law,it is a case of no-fault dismiss system.Because its regulation is relatively general,in practice unit of choose and employ persons removes labor contract by this from time to time occurrence.In the long run,this clause will be detrimental to the balance of interests of both parties in labor relations and the stability of the employment market.So,it is particularly important to perfect the identification standard of "major changes in objective circumstances".This paper mainly includes the following contents: First of all,the topic briefly introduces the research background,significance and research status at home and abroad,and puts forward the main innovation points.Secondly,this paper analyzes the judicial cases in which the employer terminates the labor contract due to "major changes in objective circumstances",sorts out the existing rules for the recognition of the situation,and puts forward the problem that the courts have inconsistent standards for the recognition of the situation.Thirdly,it is divided into two parts for legal analysis of "major changes in objective conditions".On the one hand,the legislative intention of "major changes in objective circumstances" is studied.On the other hand,it analyzes its legal basis,that is,the applicable rules of situational change.Finally,this paper perfects the identification standard of "significant change of objective circumstances".In accordance with the principle of protecting the legitimate rights and interests of workers,the scope of identification of "major changes in objective circumstances" shall be appropriately expanded.This paper puts forward the general standards and reference standards for identifying the relevant elements of "major changes in objective circumstances" in the termination of labor contract.