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The labor contract has been changed.
1. If the employer unilaterally changes the labor contract, it is an invalid contract;
2. If the labor contract is a change agreed by the enterprise and the employees, it is a valid contract.
If the labor contract is confirmed to be invalid, the laborer may apply to the local human resources and social security bureau for arbitration and ask the employer to pay the labor remuneration paid by the laborer.
Knowledge of relevant laws and regulations:
Labor Contract Law
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility.
The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 4 The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that laborers enjoy labor rights and perform labor obligations.
When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing.
In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation.
The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.
Article 16 A labor contract shall come into effect after the employer and the employee reach an agreement through consultation and sign or seal the text of the labor contract.
The text of the labor contract is held by the employer and the employee respectively.
Article 26 The following labor contracts are invalid or partially invalid:
(1) Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
(2) The employer exempts itself from legal liability and excludes the rights of workers;
(3) Violating the mandatory provisions of laws and administrative regulations.
Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court.
Article 27 If part of a labor contract is invalid and does not affect the validity of other parts, the other parts are still valid.
Article 28 If the labor contract is confirmed to be invalid and the laborer has already paid the labor, the employer shall pay the laborer the labor remuneration. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the unit.
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