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作为合同法的一项重要原则,情事变更原则为现代许多国家立法所采纳,或在司法实务中予以认可。我国现行法律层面没有明确规定情事变更原则,但在最高人民法院近期出台的司法解释中,已有对这一原则的具体规定。笔者认为,在《劳动合同法》的司法适用中,同样应当体现情事变更原则,籍以平衡劳资双方的利益,但在判决中不应直接援引,而应适用其上位原则——诚实信用或者公平原则作为审判依据。
As an important principle of contract law, the principle of change of events is adopted by many modern national legislations or recognized in judicial practice. The current legal level in our country does not clearly stipulate the principle of changing circumstances. However, in the judicial interpretation recently promulgated by the Supreme People's Court, there are specific provisions on this principle. The author believes that in the judicial application of the Labor Contract Law, the same should be reflected in the principle of redress, to balance the interests of both employers and employees, but should not be directly invoked in judgments, but should apply its principle - honesty or fairness Principle as the basis for trial.