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On the Modification of the Labor Contract

Author: DingZaiFeng
Tutor: DongBaoHua
School: East China University of Political Science
Course: Legal
Keywords: Labor Contract Modification National Legislation Local Regulations
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 116
Quote: 0
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Abstract


The parties shall fully fulfill their obligations pursuant to the terms of the contract after a labor contract is concluded. But the unique nature of labor contract determines that the labor relationship isn’t a consent, but a series of consents. During the individual labor contract’s fulfillment, the initial consent shall not usually include the long-term development. Thus, for the employer and laborer’s interest, it need modify the labor contract from theoretical or practical perspective. What is the labor contract modification? What procedure and forms to be followed? How to distinguish the labor contract modification and fulfillment? These are the focus of this study.The first part is about main contants and significance of the labor contract modifications.This is the foundation of modifications.The second part is about the remarkable of labor contract modification,that is consensus by the parts and must in written form.The third part, from the perspective of comparative law as foreign countries and regions, admitting that employers and workers in specific circumstances to enjoy the right of modifying labor contract by single side and recognizing modification of non-written the change is a trend, will not only help employers realizing labor autonomy, but also give protection to laborers. The last part is, learn the legislation and practice experience of foreign countries and regions, I believe that on the legislaiton level, under normal conditions for the voluntary modification. Legal cases with statutory modification, and one party unreasonably refuse to statutory modification, the other party has the right to terminate the employment contract, and refused to bear the corresponding legal responsibility. On the judicial level, the primary way to change is negotiations, then the employer can change the contract with rationality. Only in this way, the modification of labor contract in our country is perfection.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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