What are the conditions for changing an employment contract?

The employment contract can be changed if the following conditions are met:

1) The laws and regulations on which the labor contract was concluded have been amended or repealed.

2) The enterprise has been approved by the relevant departments to change production, transfer production tasks, or change the work tasks of the unit due to the decision of the superior competent authority.

3) The enterprise suffers serious losses or natural disasters, and is indeed unable to fulfill its obligations under the labor contract.

4) The parties agree through negotiation.

5) Other circumstances permitted by law.

The labor contract cannot be changed, only annulled.

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.

1) If there is a change in the laws, administrative regulations, rules and regulations on the basis of which the labor contract is concluded, the relevant content shall be changed.

2) If there is a major change in the situation of Kefan Yeguan on the basis of which the labor contract is concluded, resulting in the non-performance of the labor contract, the relevant content shall be changed. Objective circumstances include: the occurrence of natural disasters or enterprise accidents, the adjustment of production tasks, the relocation of factory sites, and changes in the personal circumstances of workers requiring the adjustment of jobs or positions.

The party proposing to change the labor contract shall notify the other party in writing in advance, and the contract can only be changed through consultation on an equal footing. Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.

Conditions for modification of the employment contract: Under normal circumstances, as long as the employer and the employee reach an agreement through negotiation, the content of the employment contract can be changed. An employment contract is an agreement negotiated between the two parties to an employment relationship.

Labor and Liang Tong Law".

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

Paragraph 3 of Article 40 provides that if there is a major change in the objective circumstances on which the labor contract is concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation, the employer may terminate the labor contract after giving 30 days' written notice to the employee himself or paying the employee an additional month's salary.

The conditions for changing the employment contract are as follows:

1) Without harming the interests of the state, the collective and others, the two parties reach an agreement through consultation;

2) There has been a major change in the objective circumstances on which the labor contract was concluded, and the parties to the contract have reached an agreement through consultation;

3) The labor contract cannot be fully performed due to force majeure factors. Force majeure refers to objective circumstances that cannot be foreseen, avoided and insurmounted, such as natural disasters, accidents, wars, etc.;

4) The laws and regulations on which the labor contract was concluded have been amended;

5) Changes in the physical health of the worker, loss or partial loss of working ability, incompatibility between the position and the skills of the occupation, and the improvement of the vocational skill to a certain level, etc., resulting in the inability to perform the original labor contract or the obvious unfairness to the employee if the employee continues to perform the obligations stipulated in the original contract;

6) Other circumstances stipulated by laws and regulations.

1. How to calculate the salary after the work-related injury is transferred.

The circumstances in which the company can transfer positions and adjust salaries are:

1. The employer and the employee reach an agreement on the transfer of posts and salaries.

2. If an employee is sick or injured not in the line of duty, and is unable to engage in the original job after the expiration of the prescribed medical treatment period, the employer may arrange another job.

3. If the worker is not competent for the job, the employer may adjust the position of the employee.

4. If there is a major change in the objective circumstances on which the labor contract is concluded, which makes it impossible to perform the labor contract, the employer may negotiate with the employee to change the labor contract and adjust the employee's position.

5. Enterprises can change labor contracts and adjust employees' positions when changing production, major technological innovation or adjustment of business mode.

6. If the employee and the employer have signed a confidentiality agreement for the declassification period, the employee's position may be adjusted after the employee submits his resignation.

2. Under what circumstances can a collective contract be terminated?

The collective contract can be terminated under the following circumstances: the change of the collective contract does not harm the interests of the state and society, and the two parties can terminate it through consultation; The amendment or cancellation of the national macroeconomic regulation and control plan on which the collective contract is based may be terminated; If the collective contract cannot be performed due to external factors of force majeure, it can be terminated; Changes in national laws, regulations, and policies may be lifted.

Article 35 of the Labor Contract Law stipulates that 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.

Legal analysis: The conditions for changing the labor contract are: 1. The employer and the employee reach an agreement through consultation; 2. In written form; 3. Follow the principles of voluntariness, equality and consensus; 4. After the modification of the labor contract, both parties shall hold one copy each.

Legal basis: Labor Election Contract Law of the People's Republic of China Article 35 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.