On The Termination Of Labor Contract Under The Condition Of "Significant Changes In Objective Situation"

The termination of labor contract under the condition of "significant changes in objective situation" is stipulated in subparagraph 3 of Article 40 of the Labor Contract Law.The purpose is to urge the employer and the laborer to negotiate content of labor contract when the objective situation changes greatly,so as to coordinate the interests of both parties and restore the balance.When both parties cannot reach an agreement,the employer is allowed to terminate the labor contract for fairness.However,there are many problems to be solved in practical application,This paper mainly includes the following parts.Part one: introduction.This paper introduces the background of the topic and the purpose and significance of the research,analyzes the research status of the topic at home and abroad,and summarizes the research methods and content of the paper.Part two: an overview of the termination of labor contract under the background of "significant changes in the objective situation".Explain "objective situation" and "significant change",analyzes the applicable rules of the termination of labor contract under "significant change of objective situation",and analyzes the relationship between the termination of labor contract under the background of "significant change of objective situation" and principle of change of circumstances.Try to clarify the basic theory of this topic,and lay the foundation for the follow-up research.The third part: the problems existing in the application of the termination of labor contract under the background of "significant changes in the objective situation".There are three problems: first,the identification standard of "significant change of objective situation" is unclear,including the identification standard of "objective situation" and "significant change" is unclear.Second,the standard of review of "consultation with workers" is unclear.Whether the element of "consultation with workers" is a formal or a substantive element can’t be explained in more detail in substantive law,and the court’s standards are different.The third is the improper connection with relevant supporting systems,including the improper connection with Articles 34 and 41 of the Labor Contract Law.The fourth part: suggestions on the application of termination of labor contract under "significant changes in objective conditions".This part is the improvement measures for the problems in the third part.Specifically include the following points: first,clear the identification standard of "significant change of objective situation",including the identification standard of "objective circumstances" and "significant changes".Second,determine the substantive examination standard of "consultation with workers".Third,improve the connection with relevant supporting systems,including the connection with Articles 34 and 41 of the Labor Contract Law.