OH-EBASHI and HANLING China Legal Newsletter 2022 November Issueを発行いたしました


OH-EBASHI and HANLING CHINA LEGAL NEWSLETTER 2022 November Issueを発行いたしました。


Practical Advice on Unilateral Change of Position and Salary by Employer in China (翰凌律师事务所 カウンセル 陳 霄翔、パートナー 孫 宇川 共著)
I. The Problem
After the execution of employment contract, employer may sometimes need to change an employee's position and salary for various reasons. Such a change may be a "bilateral" one which means both the employer and the employee particularly agreed on the conditions of such an individual change, or it could be a "unilateral" one which means the employer made such a change without obtaining the agreement of the employee.
The Article 35 of the Employment Contract Law allows the employer and employee to modify the employment contract based on mutual agreement, therefore "bilateral" change of position and salary are rarely disputed between the employer and the employee. However, unilateral change of position and salary is among the issues that are most likely to raise an employment dispute. According to a study, among all the employment disputes, around 20- 30% are caused by unilateral change of position and salary by employer....(続きはPDFをご覧ください。