Modificatory labor contract did not take written form, but the labor contract that fulfilled oral change already actually exceeds a month, and the labor contract content after change policy of not lawbreaking, administrative regulations, country and Gong Xuliang common, party with adopting what advocate labor contract change is invalid for written form, people court does not grant to support. Detailed looks:
Brief introduction of details of a case
Wu Mou entered this city in July 2014 company of investment of a foreign trader works, both sides signed 2 years period labor contract, the member that the contract agrees working station is office article, after half an year, wu Mou is promoted to be office director assistant. After a year, wu Mou is appointed to be office director.
After bilateral termination of contract, the enterprise signs contract of 3 years of labor with Wu Mou add again. Enterprise of the beginning of the year was mixed according to working ability of Wu Mou last year outstanding achievement, transfer into Wu Mou logistics ensures a ministry to hold the position of a manager. Company general manager looks for his to talk, changed working station of Wu Mou, but former pay pay is changeless, wu Mou expresses to agree at once, be willing to work to new post. After working a few months, wu Mou feels this post is incommensurate oneself. Put forward actively to general manager then, the requirement restores original work station, offerred many reason. General manager does its thought work, hope its do good own job, but the Wu Mou in communicating a process raises a few unreasonable requirements, agree without what get general manager. Then, wu Mou moves human affairs controversy to arbitrate committee applies for labor to arbitrate to some area service, did not adopt with the enterprise change of one-sided of view labor contract is invalid for written form, the requirement restores original work station.
After arbitrating committee classics is examined, give accept, and choose an auspicious day informs both sides party joins sessional cognizance.
Front courtyard careful rejoins
Arbitrate front courtyard thinks in the Wu Mou when sessional cognizance, bilateral contract agrees his working station is office director assistant, because of the job need is promoted to be office director after, business without reason works him formerly now post transfers into the logistics department works, although pay did not change, but the working station that general manager changed him with oral form, did not adopt written form to change labor contract, set according to law, code, this change contract should be invalid, reason asks to arbitrate committee affirms this contract is invalid contract, and the requirement restores original work station.
The enterprise thinks when rejoin, because company job needs the reason such as the working ability with Wu Mou, ensure Wu Mou the ministry to logistics from office attune. So, enterprise and Wu Mou negotiate modificatory work station, pay pay is changeless, oneself also express to agree, and both sides fulfills contract a few months already actually superabundant, wu Mou puts forward to did not adopt written form to change labor contract now is invalid contract lack basis. Be contrary to with phasing of compasses of national law, code, reason asks to Wu Mou the request that renews original work station does not grant to agree, in the meantime, also hope to arbitrate committee does not support arbitral request of Wu Mou.
Adjudication result
After committee passes cognizance, the arbitration gives a ruling lawfully, the arbitral request that advocates to Wu Mou the enterprise did not adopt written form to change labor contract to be invalid contract does not grant to support.
The case reviews analyse
Because work,the controversy focus of this case is station of worker primary work need to be changed, classics of unit of choose and employ persons and laborer are oral talk things over changed working station, pay pay keeps changeless. After fulfilling a few months, whether can laborer think unit of choose and employ persons did not adopt written form to change labor contract, requirement labor arbitrates committee thinks to disable truly contract.
Hear labor dispute case according to top people court applicable law the explanation of a certain number of problems (4) eleventh regulation: "Modificatory labor contract did not take written form, but the labor contract that fulfilled oral change already actually exceeds a month, and the labor contract content after change policy of not lawbreaking, administrative regulations, country and Gong Xuliang common, party with adopting what advocate labor contract change is invalid for written form, people court does not grant to support " .
This shows, enterprise classics and Wu Mou are oral talk things over, station of work of the change below changeless circumstance is kept in pay pay, and both sides fulfilled a few months already actually, demur of Wu Mou Yi Wei. Wu Mou advocates the enterprise did not adopt written form to change labor contract to lack a basis for invalid contract now. After committee is tried through open a court session, the arbitration gives a ruling lawfully, did not adopt written form to change labor contract not to grant to support for the request of invalid contract with the enterprise to Wu Mou.
