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Research About Employers Pay Compensation To Workers

Posted on:2015-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:X HuangFull Text:PDF
GTID:2296330431451625Subject:Law
Abstract/Summary:PDF Full Text Request
The employer pay compensation to the workers can be divided into compensatorydamages and punitive damages. China’s “labor contract law” in a chapter in the legalresponsibility of the use of a lot of space on the employer’s compensation responsibility,among them, article82the employer fails to conclude a written labor contract two timessalary payment, in violation of the85article of labor remuneration payment obligations topay compensation, and double standards for the economic compensation87illegaldissolution or termination of labor contract damages, laws highlight the inclined to theprotection of workers, to a certain extent, restrict the employer wrongdoing. But because ofthe legislative defects, resulting in the provisions of punitive damages is too rough, This ismainly manifested in the: article82does not take into account the employing unit and thelaborer’s subjective fault, easy to lead to their malicious litigation; article85shall beordered to pay compensation to unknown and complex procedures are not reasonable, theworkers have to pay damages for wrongful dismissal difficult; article87double damagesprovisions are too rigid, often cannot compensate for the actual loss of workers. About82for workers’ malicious litigation need to join the subjective fault elements employers andworkers, to refuse to sign a written labor contract for exemption; about85how to constructand pay compensation litigation, suggestions for Britain’s minimum wage standard system,the introduction of administrative law suit mechanism; about87on the premise ofdistinguish between compensation and economic compensation mode, the additionalcompensation criteria should be considered by some workers wages and welfare loss.
Keywords/Search Tags:compensation, a written labor contract, pay damages, illegal dismissal
PDF Full Text Request
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