The Liability For Breach Of The Labour Contract

The Article 16 of"Labor Low of the People's Republic of China"definitely prescribes,"A labor contract is the agreement reached between a laborer and an employing unit for the establishment of the labor relationship and the definition of the rights, interests and obligations of each party."A laborer and an employing unit establish the labor relationship by signing a labor contract which stipulates the rights, interests and obligations of each party, and is the basis and guarantee of each party to fulfill the contract. Because of the loopholes existing in the laws and regulations in effect and the different interests of the laborer and the employing unit, breaking the labor contract is a matter of common occurance in practice, which severely damages the stabilization of the labor contract system. How to distinguish the responsibilities of both parties of the labor contract and how to investigate the responsibilities against breaking the contract is quite difficult because Great shortcomings and limitations exist in the Labor Law in effect and the correlative rules in force. Only the Article 12 of the Labor Law has some limited stipulations in legal responsibilities. This thesis tries to analyze the concept, the characteristics and the important composing conditions of the responsibilities against breaking the labor contract, the ways to bear the responsibilities and the applying terms, so as to probe into some law problems about the ways to bear the responsibilities against breaking the labor contract and some applying terms. This thesis also tries to probe into the deficiency in legislation about the responsibilities against breaking the labor contract.The first and the second part of this thesis expatiates on the concept and juristic characteristics of the labor contract, the concept and characteristics of the responsibilities against breaking a labor contract. The responsibilities against breaking the labor contract occurring in the existing labor relationship are discussed independently. The third part makes a comparison between the responsibilities against breaking the labor contract and a common civil contract. The fourth part analyzes the important composing conditions of the responsibilities against the labor contract. It includes two main composing conditions which are breaking the contract and being in fault. The difference in the important composing conditions of the responsibilities caused by the laborer and the employing unit are emphatically discussed in this part. The fifth part analyzes the ways to bear the responsibilities against breaking the labor contract through probing into the ways to bear the responsibilities against breaking the contract stipulated in civil laws and the Contract Law. It particularly expatiates on the different ways the laborer and the employee unit should take in bearing the responsibilities. The sixth part expounds the main content and its kinds of remitting the responsibilities against breaking a contract which is stipulated in civil law and the Contract Law, and analyzes the main content and its kinds of remitting the responsibilities against breaking a labor contract. The seventh part puts forward some idea to the legislative shortcomings existing in the responsibilities against breaking the labor contract in our country.