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Study On Chinese Economic Compensation System Of Labour Contract

Posted on:2011-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:R FanFull Text:PDF
GTID:2166360305973063Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Economic compensation is an important part of Chinese labour contract system and it has very clear characteristics due to its tight junctions with the severance system and termination system of labour contract. On one hand, it plays an active role in protecting the legal rights of labour workers as an attached protection mechanism of the rights of labour workers after the severance or termination of labour relations; on the other hand, the practice of economic compensation system encounters many difficulties due to the problems existed in current legislations and related judicial legislation of economic compensation system as well as the theoretical circle's disagreement of its property and functions. The whole thesis consists of three parts: introduction, body and conclusion.It starts from the category and characteristics of economic compensation and makes systematic classification of economic compensation. Meanwhile, the thesis deepens the analysis of characteristics and functions of economic compensation and provides its comparison with related concepts. Relations and differences exist between economic compensation and other related concepts, only through clear differentiation of those concepts can we acquire accurate connotations of economic compensation. At present there are mainly four theories that illustrate the properties of economic compensation in academic circle, and each theory has its reasons as well as deficiencies. The legal properties of economic compensation shall take many aspects of factors into consideration and it combines multiple-level of functions.It provides complete suggestions for improving the deficiencies in evaluation and analysis on the different categories of economic compensation under the comparison of related counties and regions. It points out that labor workers could have corresponding compensation if the antecedent conditions for dissolving labor contract put forward by the employer under consensus are arrived at a statutory bottom line. The trade union's role in protecting labor workers is difficult to be realized under the implementation of Labor Contract Law, therefore the thesis proposes that we could exert legal sanction on employers in violation of the suggestions of the trade union by consulting foreign experiences in strengthening the group negotiation ability of trade union. As to the problem whether economic compensation could be applied in the termination of labor contract, the thesis illustrates this problem from the controversy in academic circle and then positively affirms the significance of paying economic compensation under the termination of labor contract. Meanwhile it puts forward the necessity of the direct proportion between the short-termism of labor contract and the short-termism of employment relationship and the author hopes that the economic compensation system could be reasonably utilized in some special employment forms such as labour dispatch or part-time employment when the labour contacts are terminated under the basis of strengthening social security and increasing the reform of labour contract, so as to improve the system.The author gives a suggestion that the calculation of the standard monthly salary for economic compensation could take related stipulations of Italian Civil Code for reference and consider the influence of price inflation on salary, which could better protects the legal rights of labour workers. In addition, as to the applicable staff of economic compensation system, the author makes profound exploration on whether economic compensation system could be applied in company management.
Keywords/Search Tags:Economic Compensation, Severance of labour relations, Termination of labour contract
PDF Full Text Request
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