Study on Judicial Judgment Criteria Concerning Modification to Employment Contract
- 10.2991/icesame-17.2017.380How to use a DOI?
- Employment Contract; Modification; Judicial Adjudication
This Paper, having a study on the status quo of judgment for dispute heard before Chinese courts in respect to the contract modification, finds that courts throughout the country have set up their own judgment criteria, which are not unified. This Paper believes that the establishment of judgment criteria to measure legality and rationality of modification to employment contract is the key to disposing dispute arising from such modification and balancing both parties' interest. In order to examine the legality of modification to employment contract, it is necessary to determine by means of explaining content specified in a employment contract the scope of modification by an employer to employment contract. And in order to examine the rationality of modification to employment contract, it is necessary to begin with judging the legitimacy of the cause to modify a employment contract, which may be analyzed, based on the operating data provided by the employer and the follow-up acts taken by it for such modification.
- © 2017, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Feng Pan AU - Weiwei Xie PY - 2017/06 DA - 2017/06 TI - Study on Judicial Judgment Criteria Concerning Modification to Employment Contract BT - Proceedings of the 2017 2nd International Conference on Education, Sports, Arts and Management Engineering (ICESAME 2017) PB - Atlantis Press SP - 1789 EP - 1795 SN - 2352-5398 UR - https://doi.org/10.2991/icesame-17.2017.380 DO - 10.2991/icesame-17.2017.380 ID - Pan2017/06 ER -