Research On Application Of The Article Of Significant Changes In Objective Condition

Labor Law introduces a dismissal system,the employer has the right to unilateral dismissal under the legal circumstances.Unilateral dismissal rights are classified as faulty dismissal,no-fault dismissal and economic layoffs.No-fault dismissal right refers to the fact that the laborer has no fault and allows the labor contract to be changed or lifted based on the theory of the principle of change of circumstances.The article of significant changes in the objective situation is particularly significant.There is no doubt that economic redundancy layoffs belongs to the classification of unilateral dismissal rights based on the fault of the laborer.Employees who need to lay off a statutory number of employees because they have business difficulties are the article of economic layoffs.It is also based on the theory of the principle of change of circumstances.The economic layoff provisions emphasize the collective dismissal of the majority and the article of significant changes in the objective condition focuses on the dismissal of individual workers.The design of no-fault dismissal system in our country is different from most countries.Most countries apply the principle of change of circumstances to economic layoffs,while our country applies this theory to both economic layoffs and no-fault dismissal.Economic layoff clauses are reflected in labor legal systems in all countries but the article of significant changes in the objective condition is unique to China.The reasons for dismissal,procedures,economic compensation are the three major measures for China’s no-fault dismissal and most countries choose one or twomeasures.The reason of dismissal not only has a positive licensing but also a reverse bargaining matter.The strict restrictions on dismissal of employees have affected the dismissal mechanism of companies.The problem of employment in enterprises does not only involve the employment rights of enterprises,but also the employment rights of employees.Under the background of high unemployment protection,how to become flexible is a hot topic for discussion.Now that the state advocates comprehensive deepening of reforms,it means to stimulate the vitality of the company.Under this circumstance,the article of significant change in the objective situation is the breakthrough we’re looking for.The introductory part presents different views of academic circles on the theoretical and applicable criteria for the article of significant changes in the objective condition and sorts out the elements of the dismissal terms of the article of significant changes in the objective condition in the academic circles one by one,thus has a preliminary theory on the theme of the paper.This paper is divided into three chapters.The first chapter focuses on the 2013-2017 judicial case as the research object.From the perspective of time,the “discrete changes in the objective situation” has lifted the number of cases year by year.From a geographical point of view,cases of major changes in the “objective situation” have occurred in the eastern region.Judging from the type of cases,the cases of “significant changes in the objective situation” are not limited to legal objective situations,but also include other types of organizational structure adjustment,business adjustment,technological innovation,enterprise restructuring;The major elements of the “objective changes in major conditions” are the requirements for the dismissal clauses,and the different understandings of the substantive sector’s cancellation of the “significant changes in the objective situation”.The second chapter starts from the theoretical basis for the cancellation of the“significant changes in the objective situation” and whether the standards applicable to the principle of change of circumstances are strictly explained or loosely explained.Furthermore,through the understanding of the different interpretations of the“discretionary changes in the objective situation” in the academic community,the contentious arguments of this clause are discussed.Finally,we compare the development of the no-mission dismissal system,the application of the principle of change of circumstances and the setting of procedures to compare the foreign legislation,draw lessons from and reflect on the cancellation of the "significant changes in the objective situation." The third chapter,through the summary of theabove theories and practices,puts forward suggestions on the applicable standards for the cancellation of the “major changes in the objective situation” in China.