Study On The Workers’ Liability For Breach Of Contract

Default responsibility system plays an important role on reducing and on preventing the breach as well as guarantees the normal individual transactions and the whole economic order. As the particularity of a labor contract, the design of breaking the contract responsibility is different from other ordinary civil contract, especially on which the workers must obey. One typical example is that, when workers terminate the labor contract with employees unilaterally in case of noticing the employee30days in advance, doesn’t constituted a breach of contract. That means don’t breach the contract period you will not be held accountable for breach of contract. But this rule is flawed and inadequate, anyelse circumstances under which the workers must bear liability for breach of contract, there is other circumstances they must bear in addition to liquidated damages. Base on those problems above and in accordance with current laws and regulations, this paper analyzed the deficiencies in the system of liability for breach of China’s workers, and tried to discuss how to improve workers’breach of contract responsibility system.At the first part, this paper posed questions by analyzing the widespread controversy in the two cases whether the employer terminate the labor contract with employees unilaterally in the labor contract constitutes a breach of contract or not. On this issue there is confusion in the practical operation. The second part focused on the notice of the employee unilaterally warning system, and the conclusion previously described:it also notes regulations of the workers one-sided unconditioned warning has a applicable dilemma.The third part aimed to analyze the difference between liability for breach of labor contract with the ordinary civil breach of contract responsibility. What to pointing out in this part is that the special interest demands and design requirements must be considered in the labor contract liability for breach of contract system. The fourth part described the existence of the regulations problems under the framework the unilateral notice. The fifth part is to improve the specific recommendations for workers to bear the breach of contract responsibility, including labor contract should provide for fixed term workers when they intend to one-sided unconditioned warning should bear the liability for breach of contract; it should be determined different period according to the positions of workers and working hours; and apply to different liability for breach of accountability mechanisms.