OH-EBASHI and HANLING China Legal Newsletter 2022 November Issue
2022.11.11
OH-EBASHI and HANLING CHINA LEGAL NEWSLETTER 2022 November Issue was published.
Please click here to read its back numbers.****************************************************************************************************
1. Practical Advice on Unilateral Change of Position and Salary
by Employer in China By Xiaoxiang Chen and Yuchuan Sun (Hanling & Partners)
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
.
...(Please click here to read more.)