Study on Judicial Judgment Criteria Concerning Modification to Employment Contract

摘要

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.