A Study On The System Of Breach Of Contract In China 's Labor Contract

Because of the Labor Law does not provide for liquidated damages of labor contract system, local legislation and their own ways, the labor contract liquidated damages frequent disputes.Employers often take high premiums provisions entered into with the employee way to limit labor mobility, career greatly infringes the right to freedom of workers, not only limits the rational and orderly flow of labor, is not conducive to economic development and social harmony stable. "Labor Contract Law" on the labor contract was liquidated damages provisions, case worker may agree to assume the contract liquidated damages made more stringent restrictions.The implementation of the law to perfect the legislation of our country, standardize the system of penalty due to breach of contract, is conducive to protect the lawful rights and interests of workers. The author thinks that, however, the application of the excessive restrictions penalty due to breach of contract cannot be achieved should have the function of the system."Labor Contract Law" provisions on liquidated damages regime is too principled, in reality, likely to cause misunderstanding and disputes.In this paper, the penalty system in the study of labor contract concept, legislative status, based on the nature of liquidated damages, analyzes the necessity of existence, for the shortcomings of "labor contract law" the penalty system puts forward some improvement suggestions.By analyzing the concept of the labor contract liquidated damages, the scope and the role of law and other issues, a clear breach of contract labor contract is mainly compensatory, punitive, supplemented by accountability mechanisms.After combing the relevant legislation, I believe that there are many defects in liquidated damages of labor contract system, for example:service of liquidated damages did not distinguish between subjective fault, the scope fuzzy non-competition range, the amount of liquidated damages is not a ceiling, and so on.The author on the basis of the above problems of full argument, it should be improved between the labor contract liquidated damages regime made a number of their suggestions in order to build a better labor contract liquidated damages regime.