Research On The Right To Change The Employer's Labor Contract

Labor contracts are characterized by continuity and long-term nature.When employers and laborers enter into labor contracts,they cannot fully foresee what may happen in the future,and make appropriate record-keeping measures in the contracts.This characteristic determines that the change of the labor contract is unavoidable during the execution of the labor contract.The current law of our country requires that the change of the labor contract must meet the requirements of the agreement between the employer and the laborer,but it has not yet specified the employer's right to change the labor contract.Overemphasis on consensus and emphasis on formal requirements for changes in labor contracts have not only increased the negotiating costs between employers and laborers,but also resulted in extremely limited operational flexibility for employers.In practice,disputes caused by unilateral changes to labor contracts by employing units exist in large numbers.Due to the lack of clear and uniform rules for employers to exercise the right to change labor contracts,the standards of judicial adjudication are inconsistent,which affects the stability of the judiciary.Therefore,it is of great practical significance to construct the system of changing the employer's labor contract in China.It is worth noting that,in order to protect the interests of laborers,while granting employers the right to change the labor contract,they should set a reasonable boundary for the exercise of their rights,and have a unified measure of the adjudication rules that govern the reasonableness of the right to change the labor contract of the employer.The abuse of rights damages the lawful rights and interests of workers,thereby achieving a balance between the interests of employers and employees.How to establish an employer's labor contract right to change the system,some countries outside the territory of the legal provisions and referee rules have their own characteristics.Taiwan regards the five principles of transfer as a specific criterion for reviewing the legitimacy of labor contracts by employers,supplementing the principles of legitimacy,necessity,and reasonableness as abstract examination standards,and presenting a diversified trend of solving problems.In France,the exercise of the employer's right to change the labor contract is divided into two different situations: the change of the labor contract and the change of the labor conditions,and impose different requirements for the agreement.Japan guided by the "necessity of affairs" and"reasonableness",rigorously and exhaustively determines the criteria for the employer to exercise the reasonableness of the right to change the labor contract.On the basis of comprehensive reference to all theories outside the domain,the author proposes the concept of perfecting the system of changing the labor contract in China's employing units.First,the exercise of the employer's right to change the labor contract should follow the principles of rationality and favorable change.The principle of reasonableness requires that employers should be appropriate,appropriate,and reasonable when changing labor contracts.The principle of favorable change is that employing units should benefit from the exercise of laborers' right to change labor contracts as the basic concept.Secondly,rights should be realized in a visible manner.Employers should follow the procedural norms when exercising the right to change their labor contract.They should perform the notice obligation when changing the labor contract,and respect the laborer's right of defense.At the same time,they must accept the supervision of the trade union.Finally,it establishes the factors that measure the rationality of changing the employer's labor contract.First,the exercise of the right to change should have business necessity;Second,the right to use the change should be based on legitimate purposes;Third,the exercise of the right to change must not impose obvious benefits on workers;Fourth,the non-benefits caused by the exercise of the right to change should be in line with The principle of proportionality.It is necessary to affirm the employer's right to change the labor contract,which is an indispensable requirement for the maintenance of business operations.The exercise of reasonable and regular change rights is an inevitable requirement to protect the legitimate rights and interests of laborers.It is only necessary to find the best match between the two to achieve a better realization.The harmonious relationship between labor and capital.