Study On The Labor Economic Compensation System

As economic-system reform of China deepen, the interests appeal of all sectors of china society incline to diversification, the contradiction between various sectors increasingly prominent, the protection of the interests of vulnerable groups and the remedy of the corresponding rights has become the focus of social concern become a hot topic which is remarked by "the central goverment to the above, down to the citizen". Specific to the labor legal relationsship, the focus of argument is the《Labor Contract Law》,which has aroused strong reaction beteewn mandatory enterprises and workers, has inacted the labor economic compensation, non-fixed-term contract forcedly.China is still in the transition period of the planned economy to the market economy. Presently, vigorous promoting the development of economic and the maintenance of stable status of society are two top priorities in China. On the one hand, enhancing the protection of the workers'interests is the top priority of China to maintain stability of society. on the other hand, the prerequisite for the development of economy of China is offering investors with favorable investment environment. How to balance substantial benefit among employers and employees has become an important issue of foundation of the harmonious labor relationship in contemporary China. First of all, the author analyzes the nature and the theoretical basis of the labor economic compensation system. then, analyzes problems which arising from process of the ligislation of the labor economic compensation system of China in-depth. on this basis, the author offers some proposal to improving China's labor economic compensation system.The paper consists of four parts: the first part is about the basis of labor economic compensation system, including definition and nature of labor economic compensation. Then, represent the social theory and the legal basis of the generation, formation and development of labor economic compensation. Then, on the basis of in-depth analysis and discussion of various theories of the labor economic compensation in acedemia, the author deem the labor economic compensation employer'statutory obligations to help emplyees. The second part recommend the labor economic compensation system of major developed countries and China's Hong Kong and Taiwan region. In view of specific situation of China, the author offers the recommendation to establish a "broad coverage, low standards" economic compensation system. contemporary, strengthen the implement of the economic compensation system is absolutely necessary. The third part are the comparasion beteewn previous system and existing system and the problems arising from existing system. In this part, the author represent the history and contemporary situation of the ligislation of labor compensation system of china in detail, analyzing problems in the ligislation of China in multi-angles, such as misconstruction of the nature of economic compensation, the current standard of compensation deviates the economic reality of China's economic situation, referenced factors which computate the economic compensation are unitary. The forth part is about improvment of the laboring economic compensation of China. On the basis of analysis and comparasion of the major developed countries and China's Hong Kong and Taiwan region, in view of the experiences in former ligislation in China, offering some some proposal to improve the existing system of China. Concrete proposals including reducing the labor economic compensation standards, adding more referenced factors in computating compensation, the expansion the applicabale scope of the labor economic compensation, the reform of the oversight and harmonization functions of labour union, etc.