What is a change in an employment contract?

According to Article 35 of the Labor Contract Law, the employer and the employee may amend the labor contract if they reach a consensus through consultation, and the modification of the labor contract shall be in writing.

According to the Interpretation (IV) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, if an employer and an employee orally modify the labor contract and have actually performed it for more than one month, and the content of the amended labor contract does not violate laws, administrative regulations, national policies, and public order and good customs, and the party claims that the modification of the labor contract is invalid on the ground that it has not been written in writing, the people's court will not support it.

Modification of an employment contract refers to a legal act in which the parties to an employment relationship reach an agreement to amend, supplement or annul some of the terms of the labor contract that has been concluded. It is a derivation of the original labor contract and the development of the existing labor rights and obligations between the two parties. Article 17 of the Labor Law stipulates that the modification of an employment contract "shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations".

When the occurrence of certain circumstances makes it difficult or impossible to continue the performance of the original labor contract, the parties may adjust part of the content of the original labor contract through consultation in accordance with the relevant laws and regulations. The modification of the employment contract shall be made within the effective time after the establishment of the employment contract and before the performance or full performance of the employment contract. A change in an employment contract is a modification or supplement to the content of the original contract, not a new contract.

The labor that has been modified in accordance with the law after consultation and agreement between the two parties shall continue to be valid and binding on both parties.

Modification of a labor contract refers to a legal act in which the parties modify or supplement certain terms of the original contract in accordance with the conditions and procedures prescribed by law due to changes in the subjective and objective conditions for the conclusion of the labor contract before the performance of the labor contract begins but has not yet been fully performed.

According to Article 35 of the Labor Contract Law, the employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.

Modification of a labor contract refers to a legal act in which the content of a labor contract is partially amended, supplemented or deleted after the labor contract is concluded in accordance with the law and before the contract has been performed or has not been completed, with the agreement of both parties through consultation. The modification of the labor contract is a derivation of the original labor contract and the development of the existing labor rights and obligations between the two parties. The modification of the labor contract is to partially amend, supplement or delete the content of the original labor contract on the basis of the original contract, rather than signing a new labor contract.

The unmodified part of the original employment contract is still valid, and the amended content replaces the relevant content of the original contract, and the newly concluded terms of the modification agreement have the same legal effect as the other terms in the original contract and are binding on both parties.

Modification of the labor contract: Due to changes in circumstances during the performance of the labor contract, some provisions of the labor contract may be amended or supplemented by mutual agreement of both parties. The unchanged part of the employment contract shall continue to be valid.

1) Offer to change: The employer or employee submits a request to change the labor contract, explaining the reasons for changing the contract, the content of the change and the conditions for the change, and requests the other party to give a reply within a certain period of time.

2) Commitment: After receiving the other party's request for change, the other party to the contract shall reply in a timely manner, clearly informing the other party whether it agrees or disagrees with the change;

3) Conclude a written modification agreement: The parties shall sign a written modification agreement after reaching a consensus on the content of the modification of the labor contract after equal consultation, and the agreement shall specify the specific content of the modification, which shall take effect after being signed and sealed by both parties. The amended labor contract shall be held by the employer and the employee.

Good Lawyer Network Reference.

Legal analysis: Modification of a labor contract refers to the legal act of partially modifying, supplementing or deleting the content of a labor contract after the labor contract is concluded in accordance with the law and before the contract has not been performed or has not been completed, with the consent of both the employer and the employee. Procedure:

1. Submit a request (offer) to change the labor contract. The offeror submits a request to amend the employment contract, and the offeree explains the reasons, contents and conditions for the modification of the contract, and requires the offeree to give a reply within a certain period of time. 2. Reply on time (commitment).

Upon receipt of the Offeror's request to modify the Contract, the Offeree shall respond within the time limit specified by the Offeror. 3. The two parties reach a written agreement (conclusion). After the two parties reach an agreement on the content of the labor contract after consultation, they shall specify the specific content of the change in a written agreement, and the effective period of the contract after the change shall take effect after being signed and sealed by both parties.

Legal basis: Article 35 of the Labor Contract Law of the People's Republic of China The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.

The amended labor contract shall be held by the employer and the employee.

Article 17 of the Labor Contract Law The labor contract shall have the following provisions:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

If the actual implementation is inconsistent with the terms of the contract, you can apply for forced resignation and ask the company to pay severance if the contract terms are changed.