Research On The Issue Of Employers Unilaterally Changing Labor Contract

The social and economic environment is changing rapidly.In order to meet the needs of production and operation,enterprises need to allocate human resources in time when necessary.The employer expects to use the right of unilateral change of the employer within a reasonable range.Due to the long-term and continuous characteristics of the labor contract,after the employer and the worker conclude the labor contract,before the end of the performance,there will inevitably be some various factors causing the demand for the change of the labor contract.From the labor law first promulgated in 1994 to the end of 2020,labor dispute arbitration committees at all levels nationwide have accepted labor dispute cases from 19000 in 1994 to 2218000 in2020.The number of labor dispute cases has increased 116 times,and the cases of contract change account for a large proportion of all kinds of labor disputes.The issue of unilateral change of the employer mainly focuses on whether the employer has the right to unilaterally change? Whether the enterprise rules and regulations formulated by the employer are effective for workers’ salary reduction? In addition to legal consensus,can the employer unilaterally change the core contents such as salary,position and workplace agreed in the contract under reasonable circumstances? In view of the above problems,it is necessary for us to study the unilateral change of employers.The first chapter of this paper focuses on sorting out the problems and difficulties encountered by employers in unilateral change of labor contract.In China’s legislation,some provisions on the change of labor contract provide for legal changes,but there is no direct unilateral change of labor contract provisions,and there is a lack of unified national legislation.In order to unify and standardize the local trial standards,each region formulated its own guiding opinions,which recognized the validity of partial employers’ unilateral change of labor contract from different perspectives,and provided the guidance basis for employers’ unilateral change,but also caused the dilemma of different judgments in the same case and the determination of rationality of unilateral change.In the theoretical research on unilateral change of employer,the theoretical viewpoints of existing representative scholars are summarized,which are mainly divided into statutory change and agreed change.Some countries outside the region have their own characteristics for the unilateral change of employer,such as France’s strict change of place pay,Britain’s change of contract different from dismissal and Germany’s theory of change of special dismissal,etc.,which illustrates that there is an urgent realistic appeal for this blank in our legislation.The second chapter the paper,combined with the first chapter puts forward the legislation,in theoretical analysis at home and abroad for reference,the unit of choose and employ persons labor contract unilaterally change the rationality,combined with the autonomy in operation of the enterprise,the rationality of the analysis concluded that unit of choose and employ persons unilaterally change and unilaterally change the rationality of the applicable principle,prohibit abuse of rights principle,the principle of balancing of interests.Paper third chapter,the fourth chapter will mainly from the practical difficulties in wages and transfer(mainly refers to the position,working place change)problem analysis,combined with trial cases in this paper,the dispute on pay cuts,transfer of unit of choose and employ persons,unit of choose and employ persons is summarized in the unilateral wages issues should be pay,wages shall not exceed 20% a month,and with duty are strictly regulate pay cut cycle;In the unit transfer,combining the five principles of transfer theory,strictly transfer rationality,legitimacy,no adverse change and other factors as transfer restriction considerations.The "change" mentioned in this paper discusses the reasons for the change from the aspects of laborers,employers and objective conditions.Take the laborer as the main body of the audience,carry on the analysis mainly from unfavorable and have no unfavorable aspect,favorable adjustment change is not in this discussion scope temporarily.The author from the dominant party of unit of choose and employ persons labor contract changes demand,combined with the actual case of unit of choose and employ persons is discussed unilaterally change the controversy on wages,transfer,and attempts to regulate the unilaterally change principles of reasonable and applicable,and in an effort to promote the legalization of unit of choose and employ persons on change permissions and rationalization,and exercise of the rights of unit of choose and employ persons,prohibit abuse of rights,In order to reduce costs,employers should avoid maliciously cutting wages and transferring jobs to workers,effectively balance the interests of both parties,and discuss how to make reasonable and standardized standards for unilateral changes of employers.