Study On The System Of Economic Compensation In China

Economic compensation is an important labor law system, which fully embodies the characteristics of the labor law.Because labor law belongs to social law, so economic compensation pursues fair labor relations and provides real tilt protection to workers. In practice, employers and employees in an unequal position of the parties, almost nothing outside but the labor of workers, and employers have a strong capital and rich production, the worker has to accept the harsh conditions in order to gain the opportunity of valuable work.Therefore, the "Labor Contract Law" On the basis of "Labor Law", provides the economic compensation system to a rich,such as increased for certain conditions to terminate the expired labor contract, the employer shall pay economic compensation. It should be said, the economic compensation system of "Labor Contract Law" stipulates has an important meaning in protection of labor rights and maintaining stability in labor relations.But for now, China is still in a planned economy to market economy period, there is a considerable gap between Chinese level of economic development and other developed countries level of economic development, so vigorously promote the development of market economy is still one of the important tasks of the current. To develop market economy, it has to consider encouraging the employers'production of enthusiasm. How to both protect the interests of workers and the enterprises with good investment environment is the key to handling labor relations, and an important course in building socialist harmonious labor relations.To achieve win-win for both employers and employees,this paper comprehensively takes historical analysis and comparative analysis, work in the economic compensation system implementation and build process problems in an in-depth analysis,and on this basis, gives recommendations on how to improve our economic compensation. Paper consists of four parts:The first part is the basic theory of economic compensation. Introduceing the concept of economic compensation, characteristics, nature and the legal basis and social foundations. Current theorists on the nature of economic compensation have five different views.Each theory has some truth, but at the same time there is certain deficiencies.Only accurately definite the nature of economic compensation, we can better improve the legal and regulations. Only by understanding for the legal basis and social infrastructure of the economic compensation system,we can correctly understand its meaning. The second part introduces the developed countries and Taiwan of China's economic compensation system.And on this basis, the author summarizes these systems'references to China, including provise appropriate scope of economic compensation, limit the economic compensation in industry limited period and make workers age as one of the criteria of economic compensation. The third part introduces law provisions of the economic compensation system and analysis these provisions. First introduce the specific provisions of law and for the status of the law points out the problems, mainly from the application of economic compensation, payment criteria and payment way.Followed by analysis of the reasons for the above problems, step by step depth. These reasons include the nature of the economic compensation is not accurate positioning, there is a relatively high level of employer restrictions, deviate from the economic development of the law, ignores the fundamental interests of employers and workers and legislation consistent with the limitations of technology. The fourth part based on the analysis of becauses, pertinently bring forward to recommendations to improve our economic compensation system. From the definition of nature, scope, criteria and methods of payment four areas to give specific recommendations. For the nature of economic compensation, I much prefer that the statutory penalty, but rich the traditional content of the statutory penalty. For the application to establish a new criteria and standards on the basis of this proposed law to perfect the relevant provisions of the specific recommendations. For the payment standard, recommended pay workers age as one of the criteria and refine the current legal standards on the criteria of economic compensation system, and proposed that limit the economic compensation in industry limited period and consider price factors'impact on wages.Finally, for payment way, proposed that the employer shall pay economic compensation one-time and achieve a wide range of economic compensation payment way.