The Internal Adjustment Of Enterprises Is Not A Major Change In The Objective Situation.

In 2011, Lee entered a foreign company in 4 months, and the two sides entered into an unfixed term labor contract, which agreed that Lee's position was director of media relations, with a monthly salary of 20 thousand yuan.

In June 2015, the company informed Li that he decided to revoke Li's post of director of media relations, another director of media communication and director of media relations development, but all two posts had already been selected. Now he set up a Senior Consultant position for Li, with a monthly salary of 10 thousand yuan, hoping to sign a change of labor contract with him.

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Lee did not agree with the company's request. The company made a major change in the objective situation when it entered into a labor contract. The two sides failed to reach a consensus on changing the content of the labor contract, and sent a notice of dissolving the labor contract to Lee, and paid the economic compensation and the Notice of payment to Li.

Li believed that the company's rescission of the labor contract was illegal, and then proposed labor arbitration, requiring the cancellation of the notice of termination of the labor contract and the performance of the labor contract.

After the trial, the Arbitration Commission held that the company adjusted its job according to the needs of production and operation, and was adjusted to take the initiative to take measures to deal with the market changes. It did not belong to the situation of "significant changes in the objective situation when concluding the labor contract". Although the company paid the economic compensation and the money for the lien, it did not mean that it was lawful to rescind the labor contract, so it supported Li's arbitration request.

Comment on: Ministry of labour

The twenty-sixth provision of the provisions of some articles stipulates that the "objective situation" in this article refers to other situations where force majeure or the occurrence of all or part of the provisions of a labor contract can not be fulfilled, such as enterprise migration, merger, enterprise asset pfer, etc., and exclude the objective conditions listed in the twenty-seventh article (referring to economic layoffs).

When employing a unit as an operator, when it enters into a labor contract with a laborer, it may foresee the possible fluctuations in the market and the possible changes in the production and operation strategy.

It is necessary to adjust the production and operation needs.

A job contract should be changed or terminated in writing by consensus.

In case of failure to reach an agreement, the employer can arrange labor work in similar or similar posts, and shall not arbitrarily reduce the wage standard of the laborers, nor can it simply relieve the labor contract.