Study On The Liability For The Breach Of Labor Contracts

On the basis of the principle of unbalanced legislation to protect the weak, this article presents a systematic research on the liability for the breach of labor contracts , which may apply a historical analysis ,standard analysis as well as comparative research .Chapter 1 probes into the definition of the liability for the breach of labor contracts and its characteristics ,its common characteristics and its special characteristics .Chapter 2 discusses the classifications of the liability for the breach of labor contracts :the employer' s liability for the breach of labor contracts and the labor' s liability for the breach of labor contracts or the primary liability for the breach of labor contracts and the subordinated liability for the breach of labor contracts , which may play the special and significant role in the liability for the breach of labor contracts .Chapter 3 mainly discusses the constitutive requirements of the liability for the breach of labor contracts, which have a unbalanced character .The character is mainly reflected in fault .In general when the laborers break the contracts ,we should apply the doctrine of liability for wrongs, while the employers ,the doctrine of no-fault liability . According to the different degree of the liability for the breach of labor contracts ,we can divide the liability into three types :the general liability for the breach of labor contracts ,the medium liability for the breach of labor contracts and the serious liability for the breach of labor contracts .