Dissertation
Dissertation > Political, legal > Legal > Chinese law > Labor Law

System changes in the contract

Author RenDeAo
Tutor WangXiangJun
School Anhui University
Course Legal
Keywords Consensus Unilateral changes Constructive dismissal
CLC D922.5
Type Master's thesis
Year 2011
Downloads 74
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China since the founding of the former Soviet Union, modeled on the early establishment of a highly centralized planned economic system, the government at the macro level and micro-level full control of the operation of the national economy, each unit has a stable staff are working on their lives by the State etc. to be all-round protection. With the development of society, highly centralized planned economic system increasingly apparent drawbacks, fixed employment methods can not meet the practical needs. In the process of reform and opening up, China's employment system is changing. To 1996, China's total elimination of national unity allocated employment methods, the implementation of two-way choice of workers and employers. But China's large population, labor oversupply, coupled with a strong position in the natural employers, workers and employers urgent need for a new relationship between the legal system to regulate the \In the \But two legal provisions of the labor contract changes are more principles too. To sum up, the labor contract changes to workers and employers by consensus after a change in writing, the employer only a few specific cases have the right to unilaterally change the employment contract. Objectively speaking, consensus and change requests in writing has its positive meaning, reflecting the tilt orientation protect workers, but also reflects public authority intervention in labor relations, but its flaws are also very clear: to make changes in the contract is not flexible enough, limits the employer's labor autonomy. In addition, the employer unilaterally change the law does not set the necessary restrictions. These defects to the employer's human resources management inconvenience, reduces efficiency, while not conducive to protecting the legitimate rights and interests of workers. Labor contract is a contract to continue resistance, both from a theoretical point of view or from a practical point of view, the necessity of its content has changed. Theorists controversial changes in the contract, the dispute focused on whether the employer has the unilateral right to change unilaterally change the permissions on. National (or regional) approach in practice are not the same. Overall, more emphasis on common law \In a market economy country, the employer demerger, merger have occurred, which also involves the alteration of the subject of labor contract issues, national (or regional) approach on this issue there are also differences. As mentioned earlier, in the long term performance of the process, the labor contract does have the necessary changes, and our system in this regard quite imperfect, can not meet the need of social reality, it is necessary to strengthen the relevant system construction, and promote harmonious labor relations to achieve mutual benefit and win-win situation both employers and employees. Content changes on the labor contract is concerned, first of all, recognize the employer entitled to unilaterally change based on business needs right; Secondly, we must change for employers to exercise the right to unilaterally set the necessary limits; Finally, according to legal procedures require the employer to carry out a labor contract unilaterally changes. Subject to change on the labor contract, the employer and the worker to clear the rights and obligations of the change to the law, the law must be.

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