A Study On The Judicial Application Of Dismissal Cause "Significant Changes In Objective Circumstances"

The The coming of the epidemic has impacted the development of the global economy and caused a significant impact on the development of all walks of life around the world.As a part of the global economy,China is naturally not immune to setbacks.Many enterprises in the face of the economic downturn crisis by reducing expenditure,optimize the enterprise economic structure to cope with the economic difficulties.In practice,when the employer terminates the labor contract according to the provisions of "significant changes in objective circumstances",both the employer and the worker have different identification and understanding of the causes of dismissal "significant changes in objective circumstances",which leads to more than a few labor disputes.At the same time,in practice,there are differences in the caliber of judicial judgment in cases related to "significant changes in objective circumstances",such as whether external commercial factors and independent management behavior are recognized as objective circumstances,there are different recognition results in practice.In addition,the author conducted relevant literature search with the theme keyword of "significant changes in objective circumstances",and found that the academic circle has not paid due attention to the judicial application of "significant changes in objective circumstances",and the academic circle has not formed a unified opinion on the identification and application of "significant changes in objective circumstances",and many problems need to be solved urgently.At the same time,the concept of slanted protection is gradually criticized,so it is difficult to safeguard the legitimate rights and interests of workers and the stability of the labor market.To this end,this paper first conducted case search,collation,analysis and judgment on Wacompany with the keyword of "significant changes in objective circumstances",selected relevant case samples that fit into the research topic of this paper,and presented the case characteristics of the case samples in a graphical way to provide the case study basis for subsequent research.Secondly,combining with the characteristics of the case,the legislative dilemma and judicial identification of the dismissal cause reflected in the case are discussed.Then the third part mainly through the comparative study of China and Germany on the dismissal causes "significant changes in objective circumstances",providing experience and reference for the identification of the dismissal causes "significant changes in objective circumstances".Finally,focusing on the plight of judicial application of dismissal causes when significant changes in objective circumstances occurred,the paper puts forward suggestions to improve the scope of identification of objective circumstances,the degree and result of significant changes,and the refinement of the consultative change procedure,and provides reference standards for judicial application of dismissal causes when significant changes in objective circumstances occurred.