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

Due to the market impact brought by the epidemic in recent years,the economy continues to decline,which seriously affects the social production and living order,and many enterprises are facing the crisis of survival.At the macro level,the state has vigorously promoted enterprises to carry out supply-side structural reforms.However,due to the need of epidemic prevention and control,enterprises have been closed down frequently or for a long time,which has disrupted normal production and operation,slowed down the high-quality development process of enterprises,and it is difficult to eliminate the impact of economic downturn in the short term.At the micro level,in order to survive,some enterprises often take measures to adjust their internal organizational structure to improve their competitiveness,and these changes inevitably involve the adjustment of labor relations.When the employer terminates the contract with the employee for its own development needs,because economic layoffs and other termination clauses involve compensation,many enterprises often use legal loopholes to terminate the labor relationship with the employee on the basis of "significant changes in objective conditions" in Article 40,paragraph 3 of the People’s Republic of China(PRC)Labor Contract Law(hereinafter referred to as the Labor Contract Law),so as to reduce the cost of dismissal.In fact,because the law of our country has not made a specific explanation of this clause,the judicial organs in different places have different judgment standards on this clause,which leads to the existence of different judgments in the same case in different places in practice,and many labor disputes appear,which makes it difficult to realize the predictive role of the law and affect the judicial credibility,so that it has frequently become the focus of academic exploration.Specifically,it is mainly manifested in the following points: the identification standard of "the objective situation has undergone major changes" is chaotic and the measurement angles are different;The standard of "contract can’t be fulfilled" is unclear and subjective;The review standard of "consultation with workers" is unclear,which is divided into form and substance;The connection with economic layoffs is not close,and there is legal confusion.After discovering the shortcomings in the direction of China’s labor contract rescission system,this paper explores the relevant dismissal systems abroad,and after comprehensive consideration,selects three representative countries,namely the United States,Germany and Japan,and analyzes the design and connection of their relevant systems,so as to provide reference for China’s system optimization.At the same time,combined with China’s legislative reality and judicial practice,this paper believes that the specific identification of this clause can be improved from the following four aspects: first,relax the identification standard of "significant changes in objective conditions" and standardize the meanings of "objective" and "significant";Secondly,the identification standard of "the contract can’t be performed" is added,and it is defined by specific methods such as presupposition in advance;Thirdly,make clear the substantive examination standard of negotiation,regard it as the necessary procedure to terminate the labor contract,and make the negotiation in compliance with the way,good faith and honesty;Finally,improve the connection between this clause and economic layoffs to avoid the failure of the legal purpose and get out of the dilemma of the rule of law.