On The Modification Of Labor Contract

The modification of labor contract is a common phenomenon in the labor relation running, which are the steps aiming at subjective sitiations and objective conditions during signed a labor contract till permormed it. In the performing period, there will be unforeseen factors which can make it is difficult or impossible to keep the previous contract. Then both the parties should have a talk to find adjustments to the contract content.There are defects in the system of the modification of labor contract in our state. It is meanful to deliberate the insitution.The quality features of labor contract are personal nature and continuityn, which let it different from the general civil contracts and make it is reasonable to have special adjustments. This paper beginning with the juridical logic, discusses the types, condition, procedure and legal effect of modifying the labor contract. And the author agrees that the subject also can be changed.The writer thinks that problems existing in the system of modification of labor contract. Legal rule of the valid conditions are rigidy, lack unilateral modifying right, have not maken a distinction between labor contracts with a fixed period and labor contracts without a fixed period, the labor law lacks systematicness, material meaning labor standards law works uneffectively, lacking a special,compulsory one and judicial supervision, legal liability achieved ineffecticely.The author suggests that, enhance the flexibility of the modification of labor contract, conditionally give legal force to nonwritten modifying, add unilateral modifying right, promulgate special labor standards law and carry out the case law system step by step.