The Labor Contract Penalty Due To Breach Of Contract Law Applicable Research

The issue liquidated damages of labor contract is one of the most important issues that affect legislation and application of labor contract law. In the actual labor relation, the provisions of liquidated damages are widely used. Also, the related labor disputes are frequently emerged. Thus, the comprehensive building of theory and system of liquidated damages is of vital significance to protect the legitimate rights and interests of employees and property right of employers and, to promote a better balanced development of labor relations. The purpose of this paper is to discuss the definition, the characteristics, the legal characteristics, suitable type, specification and solution to the conflict by ways of semantic analysis, comparison and logic analysis. Finally, this paper is to put forward specific ideas in order to construct and perfect the basic theory system of liquidated damages of labor contract.This paper is divided into five parts.The first part is a foreword. The research background and practical significance of liquidated damages of labor contract are briefly introduced.In Chapter1, the definition, the characteristics, the legal characteristics are studied. This paper argues that the definition is a certain amount which the employing unit and laborers agree in the labor contract, when one fails to fulfill or appropriate to perform.In Chapter2, the provisions and legislations characteristics upon liquidated damages of labor contract in Labor Law and Labor Contract Law are sorted out and discussed. This paper argues that China’s current legislative model type is the limits of special allow and generally prohibits.In Chapter3, existing problems in the provisions of Labor Contract Law and related regulations are analyzed. This paper holds that there are four defects such as service period, restrictions, amount of liquidated damages and the apply of liquidated damages of the employing units.In Chapter4, proposals for perfecting legislation system of liquidated damages of labor contract are given. The improvement suggestions are given for the above four aspects.