The Research Of Termination Of Labor Contract Subject To The "Significant Change Of Objective Conditions"

“Significant change of objective conditions” is a provision about no-fault dismissal and pro-notice dismissal in China’s Labor Contract Law.Its purpose is when the basis of concluding the labor contract has a major change,which results in the labor contract can not be continue to perform or being continue,if the two sides do not reach an agreement,the employer can voluntarily terminate the labor contract,this is obviously unfair.The premise of applying this provision is the employer shall notify the laborer himself or herself in writing 30 days in advance or pay the laborer an additional month’s wage.However,due to the legislative purpose of "Labor Contract Law" to protect laborers,the restrictive conditions for employers to terminate the labor contract are too strict in practice.In the present environment when both opportunities and challenges coexist,each employer,as the main body of labor in the market,faces a significant increase in business risks.In order to avoid being eliminated from the market and increase market competitiveness,employers often take measures to deal with it,at the meantime about the cognition of employers taking some self-management behavior laborer and employers were tended to have different understandings,thus more and more cases whose fire reasons were regard as “Significant change of objective conditions” were published.From the result of collecting the judgment documents,in practice,there is a lack of uniform standard about it,the ambiguous legislative meanings and remote judicial interpretations have been too old to keep up with the development of the times,therefore there were numerous cases including different judgements in the same case and after the first instance occurring of the second instance which is also an excessive consumption of judicial resources.Based on the legal provisions,combined with the theory of the theoretical circle and the judicial practice of the case,summarized the current provisions in the judicial application of several problems,such as excessively inclined to protect workers,the vague directivity of "objective conditions",the imperfect negotiation procedure,the disunity identification about the importance of the notice period institution and the impact of the suddenly occurred to the termination of labor contracts in 2020.In most labor relations,though,the worker is the one in a weak position.However,the inclined legislative protection principle of the Labor Law strengthens the protection of vulnerable workers,and the fundamental goal of the Labor Law and the Labor Contract Law should be to maintain the equal status and balance of interests of both labor and capital.For this,cannot sacrifice the interest of unit of choose and employ persons excessively firmly,limit its right excessively,protect laborer unilaterally thereby.Only the proper grasp of good degree,can promote harmonious labor relations.