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劳动合同变更,是指用人单位和劳动者对依法订立,尚未履行的劳动合同条款所做的修改和增删。劳动合同一经依法订立,即对双方当事人具有法律约束力,任何一方不得擅自变更劳动合同的内容。但是,随着主客观情况的变化,使得继续履行劳动合同成为不必要或不可能,这就需要对劳动合同的部分内容进行适当调整。否则,劳动合同与实际情况相脱节,若继续履行,会对当事人的正当利益造成损害。因而,法律允许双方当事人在一定条件下变更劳动合同。根据《劳动法》《福建省劳动合同管理规定》及有关劳动合同法规,变更劳动合同应注意以下问题:1.必须在合同有效期内进行;2.必须坚持平等自愿、协商一致原则和不得违反法律、行政法规的规定的原则;
The change of a labor contract refers to the amendments, additions and deletions made by the employer and the laborer to the terms of the labor contract that have been concluded according to law and yet to be fulfilled. Once a labor contract has been concluded in accordance with the law, it is legally binding upon both parties and neither party may change the contents of the labor contract without authorization. However, with the change of the subjective and objective conditions, it becomes unnecessary or impossible to continue to perform the labor contract, which requires that the part of the labor contract be properly adjusted. Otherwise, the labor contract is out of step with the actual situation, and if it continues to be implemented, it will cause damage to the legitimate interests of the parties concerned. Thus, the law allows both parties to change the labor contract under certain conditions. According to “Labor Law” “Regulations on Labor Contract Management in Fujian Province” and the relevant labor contract laws and regulations, the following problems should be paid attention to when changing a labor contract: 1. Must be carried out within the validity period of the contract; 2. Must adhere to the principle of equality and voluntariness, consensus and no violation of law , The principles of administrative regulations;