Research On The Liquidated Damages Legislation Of China's Labor Contract

In practice,the dispute on liquidated damages of labor contract is universal and sensitive between employers and employees,but the existing legislations on liquidated damages of labor contract in china do not have a unified legal system and have lower levels. Employees who are in a weak position have to accept unfair penalty terms provided by employers, even can't guarantee their survival. Therefore, it is very important to strengthen the topic on liquidated damages of labor contract. It not only can promote the labor legal system, but also can solve specific issues of labor contract in practice. This thesis explores and analyzes the liquidated damages legislation of China's labor contract on the premise of studying the basic theoretical issues on liquidated damages legislation of labor contract. In the end, a few of recommendations are provided to improve the liquidated damages system of labor contract in《The Draft PRC Labor Contract Law》.This thesis is divided into three parts. The first part is about the basic theoretical issues on liquidated damages legislation of labor contract. The author poses a perspective that liquidated damages legislation of labor contract must adhere to the principle of more protection of workers. In specific, in order to correct the imbalance labor relations, liquidated damages legislation of labor contract should take a different attitude to problems, such as the nature of liquidated damages between employees and employers, the establishment of liquidated damages responsibility and the adjustment of liquidated damages amount. At the same time, the author explores the nature of liquidated damages and considers that the liquidated damages responsibility...