The Economic Compensation Fund Payment Conditions And Standards For Dissolution And Termination Of Labor Contracts

In accordance with the report of the18th National Congress of the Communist Partyof China, the emphasis of social construction must be based on the improvement andguarantee of the people’s wellbeing. The rights and interests of laborers are regarded andguaranteed to push the continuous improvement and innovation of the laborer-relievingsystem, which incurs great significance in establishing harmonious labor-capital relationsand bring profound influences on the improvement of the people’s wellbeing and theemphasis of the socialist construction. Based on the inheritance of the original relevantsystems of the Labor Law of the People’s Republic of China, the existing Law of thePeople’s Republic of China on Employment Contracts shows many innovativebreakthroughs, the perfection of the economic compensation fund system is just one of thecontents in the law. Due to the later starting of researches on the economic compensationfund system in China, however, there are many deficient problems about the establishmentof the economic compensation fund system, which require being resolved urgently.Through investigations of the legislation status of the foreign economic compensation fundsystems and aiming at the payment conditions and standards for the economiccompensation fund system in China, this paper drafts and proposes several perfectionsuggestions to provide references for the perfection of the future economic compensationfund system in China.This paper is divided into four sections as follows: Section I, summary of economiccompensation fund system. First, it describes the definition of economic compensationfund; second, a comparative analysis is applied to define the properties of the economic compensation fund. Section II: the legislation status of the payment conditions andstandards for the economic compensation fund system in China is analyzed, and thissection proposes the legislative insufficiency of the payment conditions and standards forthe economic compensation fund system in China and the problems to be resolved duringpractices. Section III, researches and references for extraterritorial economic compensationfund systems: it aims to pursue anything which brings referable significance the perfectionof the economic compensation fund system in China through analyses and researches onextraterritorial economic compensation fund systems. Section IV, several suggestions forperfection of economic compensation fund system in China: in accordance with theexisting legislative defects of the economic compensation fund system in China andintegrating the legislative practices in China and foreign legislative achievements andexperience, several perfection suggestions are represented to establish the economiccompensation fund system in China.