The Actual Change Of Labor Contract Oral Agreement Is Also Valid.

Guo was originally working in a company's production workshop. Later, because the company found its data control expertise, it was pferred to the CNC room in December 2012. Guo was willing to go, but the two sides did not change the original labor contract.

By March 2013, he had worked in the CNC room for three months and received wages according to the workshop post. He was suddenly informed by the company that after the change of his job, he was relatively relaxed and should not be paid according to the standards of the workshop.

[comment] although the thirty-fifth clause of the labor contract law stipulates: "employers and workers can agree to change the content stipulated in the labor contract.

Change of labor contract shall be in written form. "

That is, oral change is not necessarily legally binding, but in the process of specific employment, some employers only use oral form to change labor contracts with workers, and the actual performance is far from being specific. If it is totally negated, it is obviously not conducive to maintaining stable labor relations, nor is it conducive to safeguarding the legitimate rights and interests of workers.

Therefore, the eleventh provision of interpretation four stipulates: "the labor contract is not written in the form of change, but has actually fulfilled the labor contract that has been changed orally for more than a month. The content of the labor contract after the change does not violate the laws, administrative regulations, national policies and public order and good customs. If the parties concerned advocate that the labor contract change is invalid on the ground that the written form is not written, the people's court shall not support it."

That is, in view of the fact that the labor contract after the oral change of the company has been carried out for three months, and the company has not raised the question of the need to reduce wages due to the post adjustment, the legal effect of the labor contract after the change has been decided, and both of them must comply with each other's execution.

1, in accordance with the provisions of this article, under normal circumstances, as long as the employer and the laborer agree on a negotiated agreement, the content stipulated in the labor contract can be changed.

That is to say: first, the labor contract is an agreement reached between the two parties through negotiation. Of course, it can also be negotiated.

The agreed content can be changed by consensus by agreement between the two parties.

Secondly, to change the labor contract, the employer and the worker should take it.

It is not allowed to change the labor contract unilaterally without consultation.

If a party arbitrarily changes the contents of the contract without the consent of the other party, it is invalid in law, and the content after alteration is not binding on the other party.

The practice of contract is also a breach of contract.

Thirdly, the change of the labor contract is only to modify, supplement or delete the contents of the original labor contract, rather than changing all the contents of the contract.

For the part of the labor contract that needs to be changed, the parties concerned must reach an agreement after consultation.

If any party disagrees with the content to be changed in the process of negotiation, the contract change on that part of the contract will not be valid and the original contract will still have legal effect.

Finally, in the process of change, we must abide by the same principles as signing labor contracts, that is, following the principles of legality, fairness, equality and voluntariness, consensus and honesty.

2. According to the provisions of the fortieth paragraph and the third paragraph of this law, the objective situation on which the labor contract is concluded is subject to major changes, resulting in the failure of the labor contract to be fulfilled. After the employer and the laborer have failed to negotiate an agreement on the contents of the labor contract, the employer can terminate the labor contract by writing the notice to the worker himself in writing or paying the worker one month's wages on the thirty th day.

It can be determined that the objective situation on which the labor contract is concluded has changed significantly, which is an important reason for the change of the labor contract.