Study On The Labor Economic Compensation System

For labor law, economic compensation system is the important system to protect the lawful rights and interests of workers and maintain steady labor relation. The main expression form for operation of economic compensation system is that an employer pays economic compensations to employees according to legal standards under certain circumstances of elimination of labor relation. For the employees, it reflects gaining benefits, while for the employer, it reflects no interests. The legislative framework of Economic compensations is contributed by employers and employees in a long-term game, and the public authorities which intervene in labor relations. The involved degree of labor by public authority is usually based on their development level of the theory of dismissal protection, national labor legislation of the pros and cons of experience and learns the relevant legislation commenced from other countries and regions. Looking at the relevant legislation of other countries and regions, and then analyzed China's labor compensation legislation, which found that China's current labor legislation compensation is not perfect in order to take appropriate measures to improve the economy of China's labor compensation legislation, to achieve a moderate inclination to protect the interests of workers, maintain the interests of workers and employers to build a harmonious labor relations goals.This report consists of four parts:The first part is the basic theory of economic compensation system for labor. It developed from the concept of economic compensation and its nature, then compared breaching payment and compensation. Moreover, it analyzed three kinds of research about economic compensation in order to clarify the disadvantages and then define the nature of compensation of labor economy compensation.The second part, it mainly introduced economic compensation system in other main countries and Hong Kong and Taiwan in China, and researched the applicable scope of legislation on economic compensation, the primary standard and the dispute solution mechanism. Through the comparative analysis, it induced advanced legislation experience from other major countries, Kong Hong and Taiwan in China, and then it can help China to consummate labor economics compensation legislation. The third part, current legislation on economic compensation system in China is insufficient. From national legislation and local legislation, introduce in detail the history and status quo of legislation on economic compensation for labor in China, analyze the insufficiency existing in current legislation on economic compensation for labor in China. For example, it does not accord with our country's situation to terminate paying economic compensations upon the expiration of fixed-term labor contract. For older workers, lack special protection. Economic compensations for high-salary workers are limited doubly and improper. Non-competition compensation agreement does not give a specific lower limit, and the payment period is single. The labor dispute mediation committees inside enterprises fail to exert the function, the labor dispute arbitration institutions are administrative, credibility is low, and the quality of arbitrators should be improved, and so on.The fourth part, it considered perfecting economic compensation system for labor in China. Learn advanced experiences from the legislation on economic compensation system in other main countries and Hong Kong and Taiwan in China, and get lessons from legislation on economic compensation for labor in China to make a suggestion on perfecting the economic compensation system in China. Abolish the regulation of terminating paying economic compensations upon the expiration of fixed-term labor contract. With comprehensive consideration of various factors, moderately strengthen protection of older workers. Eliminate the upper limit that average monthly wage of high-salary workers as economic compensation is three times of average wage in society. Further perfect the non-competition compensation. Strengthen the construction of labor union. Intensify the negotiation and mediation inside enterprises. Strengthen the independence of the labor dispute arbitration institutions. Enforce strictly the admittance system of labor arbitrators, and so on.