On The Termination Of Labor Contract With "Significant Changes In Objective Conditions"

At the beginning of 2020,with the outbreak of the new crown epidemic,the people across the country fought a beautiful sniper battle against the epidemic.However,in the process of responding to the epidemic,the people’s production and life were also severely impacted and affected.Among them,when there are major changes in the objective situation,how to resolve the continuation and termination of the labor contract relationship between the employer and the employee has become particularly important during the epidemic.This article studies the issue of contract termination of "significant changes in objective conditions".First of all,by discussing the meaning of "significant changes in the objective situation",and carrying out specific and detailed typological analysis and citing relevant cases in 2020 to summarize and summarize,specifically,the author divides the "objective situation" For the three major parts of force majeure,the employer’s own reasons,and external reasons,the “major changes” are divided into three parts: the cancellation of the worker’s original job position,the change of the worker’s work location,and other changes.From the perspective of legal basis and practical operation,this article conducts an in-depth comparative analysis of"significant changes in objective circumstances" and changes in circumstances and normal commercial risks,so as to accurately determine the nature of "significant changes in objective circumstances".Secondly,this article provides a legislative overview of the termination of labor contracts in China’s "subjective circumstances have undergone significant changes",focusing on Article 26 of the Labor Law of the People’s Republic of China(hereinafter referred to as the Labor Law),"About <Labor Law of the People’s Republic of China> Explanation of Certain Articles Article 26,“Labor Contract Law of the People’s Republic of China” Article 40,Article 533 of the Civil Code of the People’s Republic of China and relevant local regulations and judicial interpretations.Explore the current laws and regulations The role of regulation and guidance on the termination of labor contracts under major changes in the objective situation,and whether the "Labor Law","Labor Contract Law" and "Civil Code" can continue to be applied under the special background of the new crown pneumonia epidemic》And other regulations.Thirdly,at this stage,there are still many problems and imperfections in the termination of the contract with"significant changes in objective conditions".The author summarizes the problems of confusion and application of "significant changes in objective conditions" and economic layoffs,and the abuse of termination by employers.There are three aspects:imperfect restrictions on rights and imperfect labor dispute resolution methods.Finally,corresponding suggestions are put forward for the solution and improvement of the above-mentioned problems: the application of "significant changes in objective circumstances" and economic layoffs should be clarified to prevent confusion in application by employers in practice;restrictions on employers’ abuse of dismissal rights need to be strengthened,Regulate the employer’s exercise of the right to terminate the labor contract in terms of entities and procedures;it is necessary to balance the relationship between workers and employers through the improvement of collective negotiation and other systems,and improve the resolution of labor disputes,so as to facilitate the enterprise and labor Disputes can be resolved better between the parties,and relevant state agencies can better supervise them.