Research On The Application Of Three Types Of Damages In The Dissolution Of Employment Contract

System of the dissolution of Employment Contractis the core of “labor contract law”,the legal consequences of dissolution of Employment Contract not only affect the economic interests of the enterprises, but also is closely related to the rights and interests of laborers. Especially,the system of economical compensator,penalty and compensation,fully embodies the protections for laborers from legislation.Economical compensator,penalty and compensation are the unique legal language in China. They have different meanings,natures and function of system,and they can play different functions in system of the dissolution of Employment Contract. Unless the law has special provisions,usually they can be applied at the same time. "Labor Contract Law" have both the public and private natures. The Economical compensator,penalty and compensation applied in dissolution of Employment Contract often appear the value conflicts of the state intervention and the free consultation from the clients,especially appear in the scope of application and payment standards.First of all, on the scope of application, due to the legal recoginising of the enterprises and laborers to reach a negotiated consensus about penalty and compensation so that the enterprises can avoid economic compensation payment obligation; the subject of the application of the penalty is too less, so they cannot equality applies to enterprises and laborers; Compensation is based on the actual loss,but the legal definition of scope of the actual loss is not clear.Secondly,on the payment standard,legal economical compensatory standard is too unified, and lack of hierarchy and against for some laborers, the agreed compensation is too harsh to the requirement of enterprises; Penalty payment standard is too casual,lack of legislative protection rules; Compensation is without limitation,the liability to pay to laborer have no upper limit.To solve these problems, this paper studies foreign advanced legislative experience,put forward suggestions to perfect the system of economical compensatory,penalty and compensation in larger ring scope of application and payment standards related: for the economical compensatory of system of the dissolution of Employment Contract,to review the content of the both sides between the enterprises and laborers,to eliminate the agreement disposition of economical compensatory; to deeper the payment standard; to broaden main scope of application of the penalty to reachequality between the the enterprises and laborers, and the payment of leconomical compensatory standards must limit; Toclear the economic loss of the enterprises, to distinguish the laborer's liability to pay compensation specificly.Through the above measures,to find a balance between the state intervention and free consultation,to give full play to the role of economical compensatory,penalty and compensation in dissolution of Employment Contract.