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The Study on Legal Issues with Respect to Employer’s Unilateral Change of Labor Contract

Author: YaoZuo
Tutor: XuJianYu
School: Zhejiang University
Course: Law
Keywords: Unilateral change of the labor contract system The operating rights of the employer Exclusions Program Legal consequences
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 82
Quote: 0
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Abstract


Our current labor laws and not of the employer unilaterally change the employment contract rights of specific provisions , however established employer unilaterally change the rights of the labor contract not only help to protect the employer 's right to operate , but also conducive to the balance of interests between the employer and the worker , it is necessary to establish the legal employer unilaterally changed the labor contract system . In based on Composite learn from Japan and Taiwan scholars doctrine , the author proposed the employer unilaterally change the labor contract system for legislative philosophy required to balance the interests of the principle established in our country , and to follow the legal rights shall not abuse and favorable principle . Employer unilaterally to change the applicable conditions of the labor contract system is divided into four major categories , that the employer based on the day - to - day operation and management of the need to adjust , the changes made ??by the employer under the rules and regulations of the enterprise , the employer -based labor contract the contract, make changes and other circumstances . I will be one by one of the above situation analysis, clear regulation to prevent the abuse of rights for each of the applicable circumstances . Program settings , I will design different procedures depending on the situation , in order to ensure the employer unilaterally change the employment contract entitled to procedural safeguards . Employer unilaterally changes the legal consequences of the labor contract , the author based on the employer in accordance with the law , illegal unilateral change labor contracts are two different cases , respectively, to clarify its legal consequences .

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