The creation and change of the labor law relationship, the change of the labor law relationship

1) The emergence of a labor law relationship: It refers to the formation of a labor law relationship between the employee and the employer in accordance with the labor law norms and the labor contract, clarifying the rights and obligations between each other. The labor law facts that give rise to the labor law relationship can only be the lawful acts of both parties to the labor law relationship, not the illegal acts.

3) Termination of labor law relationship: refers to the termination of the labor rights and obligations relationship between the employee and the employer in accordance with the labor law norms. The extinction of the labor law relationship is the extinction of the labor rights and obligations relationship.

Labor law facts that extinguish labor law relations, including the lawful acts and illegal acts and events of the perpetrator.

1. Whether the contract can be changed if the working conditions change.

In the course of the performance of the labor contract, if the original contract cannot be performed due to a major change in the objective circumstances on which the contract was concluded, the work content, position, labor protection, working conditions, wages and remuneration and other relevant provisions of the original labor contract shall be changed. If the employment contract signed between the employee and the employer has not yet expired, but the content of the employment has undergone significant changes, and the working environment and labor intensity are very different from the objective circumstances on which both parties relied when the original contract was signed, it is legal and reasonable for the employee to propose to change the content of the employment contract. However, when changing the labor contract, according to the provisions of the relevant labor laws and regulations, it is necessary to pay attention to the following points:

1. It should be changed within the validity period of the labor contract;

2. The principles of equality, voluntariness and consensus should be followed, and the provisions of laws and administrative regulations should not be violated;

3. It should be carried out in accordance with legal procedures. The employee may propose to the employer to amend the employment contract in accordance with the law, explain the terms to be amended and the reasons for the change, and give the other party a reasonable time to reply. If the other party responds within the time limit and agrees to the change, the two parties may enter into a written agreement after reaching a consensus on the content of the change, which shall be signed and sealed by both parties, and the change agreement shall take effect.

After the labor contract is amended, the new clause after the change replaces the original clause, and the original clause loses its legal effect. However, the old clauses that were not changed at the time of the change of the contract remain valid. If the two parties still cannot reach an agreement after negotiation, you may request to terminate the contract in accordance with the law, but you shall notify the employer in writing 30 days in advance.

2. What are the ways to change the labor contract?

First, the employer and the employee may change the content of the labor contract if they reach a consensus through consultation. That is to say, the change of the labor contract is a matter for both parties, and cannot be decided by one party, and only means that the agreed content of the labor contract can be changed on the basis of the consensus of both parties. It should be noted that the content of the change is the content agreed upon by both parties, not the statutory content.

Second, the modification of the labor contract shall be in written form. The procedure for amending an employment contract is similar to that for concluding an employment contract, and should be in written form, which shall be used as the evidence of both parties and the basis for protecting their respective rights and interests in the event of a dispute. Third, the amended labor contract text shall be held by the employer and the employee.

That is, the amended labor contract cannot be exclusively managed by the employer, but should be held by the employer and the employee and kept separately. Only in this way will it not be easy for those black-hearted employers to manipulate and the rights and interests of workers can be protected accordingly.

The so-called labor relationship refers to the working relationship between the person in charge of the enterprise and the employee, when a clear contractual relationship is signed between the two, and then the process of changing some rights and obligations is called the change of labor relationship.

We all know that after the establishment of the labor relationship, you cannot change the labor relationship at will, unless you want to resign or be dismissed by the employer, if you violate the rules and regulations of the unit, then you will be dismissed.

In addition, the signing and performance of the labor contract must not violate the provisions of laws and regulations as the premise, if the laws and regulations on the basis of which the contract is signed are amended or annulled, if the contract is not changed, there may be inconsistencies with laws and regulations or even violation of laws and regulations, resulting in the contract being invalid due to illegality, therefore, it is necessary and necessary to change the relevant content of the labor contract according to the changes in laws and regulations.

The production and operation of the employer is not static, but may frequently adjust its business strategy and product structure according to the approval of the competent department at a higher level or according to market changes, which will inevitably lead to the adjustment of production tasks or production and operation projects.

According to the relevant provisions of the Labor Law, the labor contract shall be coordinated between the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

After the conclusion of the contract, in the process of performing the labor contract, due to the continuous changes in market conditions, the objective circumstances on which the labor contract is concluded have changed, making it difficult to perform the labor contract or it is difficult to perform it in full, or the performance of the contract may cause an imbalance in the rights and obligations between the parties, which requires both the employer and the employee to make appropriate adjustments to part of the content of the labor contract. It may cause damage to the legitimate interests of the parties.

Therefore, the Labor Law also allows the parties to modify the labor contract under certain conditions, and the parties may revise or delete some of the terms of the labor contract by consensus in accordance with the provisions of the relevant laws and regulations, and readjust and stipulate the rights and obligations of both parties to adapt the labor contract to the new situation of change and development, so as to ensure the continued performance of the labor contract.

The duration of the employment contract can be changed. Under normal circumstances, if the term of the employment contract wants to be changed, it is permissible for the employee and the employer to sign a modification agreement or a supplementary agreement or to re-conclude the employment contract.

1. Procedures for changing the labor contract.

Procedures for changing the employment contract: the employer or the employee requests to change the employment contract; After receiving the change request of the other party, the other party to the contract shall reply to the friend in a timely manner; Sign a written amendment agreement on the content of the labor contract after consultation on an equal footing and reach a consensus; It shall take effect after being signed and sealed by both parties; The employer and the employee shall each hold a copy of the amended labor contract.

2. Basic conditions for the modification of the labor contract.

Under normal circumstances, both parties must perform a legal and valid labor contract, and neither party is allowed to change the labor contract without authorization. However, in the course of the performance of the contract, the labor contract can also be changed if the following conditions are met:

1. Proposal for change: The employer or employee proposes the reason, content and conditions for changing the contract, and requests the other party to reply within a certain period of time. Clause.

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 that it agrees or disagrees with the change. Clause.

3. Conclude a written modification agreement: The parties shall sign a written modification agreement after reaching a consensus on the content of the modification 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.

3. What should I pay attention to when changing the labor contract?

1. After the labor contract is concluded in accordance with the law, it must be hailed within the effective time before the contract has not been performed or has not been completed. That is, the parties to the labor contract already have an employment contract relationship, and if the labor contract has not been concluded or has been performed, there is no problem of changing the labor contract. 2. The principle of equality, voluntariness and consensus must be adhered to, that is, the change of the labor contract must be agreed by both the employer and the employee.

Article 35 of the Labor Contract Law of the People's Republic of China 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.