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Analysis On Laborer Penalty Due To Breach Of Contract

Posted on:2016-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:J J ChenFull Text:PDF
GTID:2296330482474809Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In recent years, with the continuous development of social economy in our country, the workers labor contract disputes caused by default has caused the attention of the whole society. In theoretical circle, penalty due to breach of contract in the labor contract system has been the focus of controversy,Mostly discretionary penalty due to breach of contract, restrictive penalty due to breach of contract and prohibitive penalty due to breach of contract. Before the "labor contract law" promulgated, our country in the field of labor contract legislation attitude to breach of contract is not clear, and the "labor contract law" has adopted a restricted system of penalty due to breach of contract. But in the face of society "job-hopping", restrictive penalty due to breach of contract system show that the obvious lag legislation. Therefore, permitting the laborer and unit of choose and employ persons to stipulate in the labor contract workers penalty due to breach of contract responsibility(laborer penalty due to breach of contract) with the necessity of the theory and practice. On the one hand, the labor contract system is the inherent requirement of the private property of the labor contract, which is in accordance with the concept of free and equal market economy. On the other hand, it is the inherent requirement of economic and social change.This paper is divided into four parts: the first part is the introduction. Including the intention of the subject, research status, research methods and plans to solve the problem. This part of the core point is that our labor legislation to protect the lawful rights and interests of workers, for the purpose of the interests balance serious tilt to laborer, lead to unit of choose and employ persons under the new form of social interests is damaged. The second part for labourers penalty due to breach of contract system overview. First defined the concept and characteristics of laborer penalty due to breach of contract, its essence is a discretionary penalty due to breach of contract; Second expedition restrictive penalty due to breach of contract system in the labor contract law of our country legislation present situation, causes and disadvantages of reality; Finally, on the investigation to the relevant labor liquidated damages system abroad, provide the experience to build laborer penalty due to breach of contract system in China. The third part is the legal basis of the existence of laborer penalty due to breach of contract system. Laborer penalty due to breach of contract system of the principle of freedom of contract, breach of contract of labor is a necessary form of responsibility; And based on the particularity of labor contract, laborer penalty due to breach of contract has special legal value. The fourth part is the construction of laborer penalty due to breach of contract system of our country. Specific include employee’s penalty due to breach of contract system applicable rules, conditions, applicable standards and ground of relief workers.
Keywords/Search Tags:The laborer, Penalty due to breach of contract, Liability for breach of contract, System construction
PDF Full Text Request
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