A Study Of Penalty And Compensation In Labor Law

The promulgation and implementation of the "labor Contract law" and "The implementation regulation for Labor Contract" serves not only as a complementary piece for "labor law" but also as a improvement to its operability.In 2013,the supreme court published "Interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of labor dispute cases(four)",filling some of the blanks of"labor Contract Law".Admittedly,the perfection of legislation usually occur after some level of application,the actual practice of the law always brought about new challenges.Some of the current labor regulation continue to be proved insufficient and flawed after application,some systems design is unpractical,fail to provide expected result for actual labor dispute.By relating to the labor liquidated damages and compensation literature study found that some of the literature written in the "labor contract law" legislation in our country,in view of our country "labor law" in not to make clear a regulation of liquidated damages and compensation,thus put forward the corresponding ideas and does not adapt to the legal status of our country at this time.For breach of contract system of research,but the penalty due to breach of contract in the field of labor law is not thorough,the involved simply mentioned.Is the punitive compensation for damages of research study,rarely extend in the field of labor law,even about compensation research in the field of labor law is often incomplete,or inadequate in subjects and species.Therefore,to perfect our country penalty due to breach of contract and compensation system in the field of labor law,the analysis of its basic connotation,the legislation present situation,application problem is need,in order to put forward in accordance with the perfection of China's practical and feasible suggestions,to build a harmonious labor relations.This thesis is an attempt to find out the flaws of the current laws or regulation concerning labor and contract related issues.Finally,with the help of legal experience of the developed countries,it provides a plausible proposal based on our country's development practice,to better serve the purpose of laborer protection.The thesis is divided into 3 sections besides the introduction and conclusion.The first section of thesis tells about the concept of penalty and compensation in labor related laws,it provides definitions for the two above mentioned terms and their separate characters,it also compares the two terms in terms of their relationship.The second section analyzes the flaws of the current system.Mainly includes:The Liquidated damages' limited scope of application,the vague definition of the term:'training ',lack of solid standards of compensation for 'restraint of trade',how to deal with the coexistence of compensation and breach of contract when the employer terminates the contract illegally,further compensation for the Breach of payment obligation.The final section is mainly based on the the analysis of the existing problems in the second chapter,with reference to foreign experience,aproposal is offered to further complete both penalty and compensation systems,and to cope with the iability issues in terms of their coexistence.