Research On The Legal Issue Of Employer Modifying Labor Contract Unilaterally

With the development of social economy,the contradiction between employers and workers is becoming more and more prominent.In the case of labor contract changes,the employer’s unilateral change of labor contract is the most likely to cause labor disputes.At present,the legislation is not complete for the employer to change the labor contract.There is also no uniform standard for judicial adjudication.On the one hand,it is necessary for the employer to change the labor contract unilaterally.On the other hand,the laborer belongs to the weak party in the labor relation,its legal rights and interests should be protected.In order not to put the laborer in the unfavorable situation,the employer’s unilateral change of labor contract behavior needs to be restrained.To restrict the employer’s unilateral change of labor contract,will help to protect vulnerable workers and respect of the balance between autonomy of unit of choose and employ persons,to promote the healthy development of society and economy.In this paper,through the analysis of the retrieval of the current laws and relevant cases,the demonstration of the unilateral in addition to the negotiated changes and the legal circumstances change,unit of choose and employ persons on duty,salary increase,change working place and other non-statutory situation changes as has the right to unilaterally change the power base is and what it has the necessity of this right,and through combing the unilateral change of unit of choose and employ persons labor contract legislation present situation analysis of the problems in the implementation of the trip is,on the basis of using the experience of extraterritorial Suggestions to consummate the unilaterally change of unit of choose and employ persons labor contract principle,the rationality of standards,procedures,and illegal change circumstances of unit of choose and employ persons should bear the legal responsibility.Unilaterally change the behavior of the labor contract to unit of choose and employ persons within the border control in a fair,to realize the production management of the unit of choose and employ persons and laborer the balance between the rights and interests protection,finally realizes the harmonious labor relations.