Can the Employer Unilaterally Change the Labor Contract?

In the labor relationship, the labor contract is an important basis for the rights and obligations between the employee and the employer. Once the contract is signed, it is binding on both parties. If either party wants to change the content of the labor contract, the two parties need to reach a consensus through negotiation.          

In this regard, Article 35 of the Labor Contract Law of the People's Republic of China clearly stipulates: "If the employer and the employee reach a consensus through negotiation, the content of the labor contract as agreed may be changed. Any change to the labor contract shall be made in writing. The employer and the employee shall each hold one copy of the labor contract text after the change." 

Of course, there are also some statutory situations, under which, unilateral change is allowed. For example, if the employee is unable to perform the job, and still cannot perform the job after training or adjustment of the job position, the employer may adjust his/her job position, which falls within the situation of unilaterally changing the labor contract.           

If the employee encounters the situation where the employer unilaterally changes the labor contract and it does not fall within the statutory situations, there is no need to panic, and the following measures can be taken to safeguard his/her rights and interests:          

1. Firmly refuse: 

Clearly, quietly and friendly inform the employer that the act of unilaterally changing the labor contract is not in line with the law, and the employee has the right to refuse. Quote some regulations of the Labor Law sometimes help, then the employer may realize that you are not "know nothing"!

2. Negotiation: 

Take the initiative to communicate with the employer, express your thoughts and demands, and strive to resolve the issue through negotiation, restore the original contract terms, or reach a new agreement acceptable to both parties.

3. File a complaint and arbitration:     

If the negotiation fails, the employee may file a complaint with the local labor inspection department or the administrative department of labor security, or file an arbitration with the labor dispute arbitration committee. During this process, it is necessary to keep relevant evidence well, such as the original labor contract, payslips, change notices, etc. These evidences will play a crucial role in safeguarding your rights and interests.       

If you have other legal issues need clarification, you can participate in our webinar next week to learn more.