Research On The Liability For Breach Of Labor Contracts

Liability for breach labor contract,which means that the party of labor contact don't carry out the obligations in the contact completely,is know as an important part of labor contract.With the development of the economic,the contract dispute between labor and management is also increasing.The occasions that the right of the employees being harmed are frequently,such as the employees make the career hopping maliciously,leaking the business secret,the employer abusing the discharge right,dissolute the contract illegally,and so on.The pubilishing of both the labor contaract law and the Regulationgs for the Implementation of the Labor Contract Law have largely perfected the liability for breach contract of labor contact's system of assigning responsibilities.But there are still deficiencies on pertinent regulations.Especially on amount of the competition restriction penalty.Which leads to the consequence that the employees are asked for penalty voluntarily when they obey the contract.In which way,the right of employees are harmed severely.Leaving the Labor relations in an unstable condition,Besides,the social stability is also effected.So it is necessary to study on the liability for breach labor contract as well as giving Legislative proposals.In this paper,method of comparative analysis and literature analysis are mainly used.The method of literature analysis is to arranging and analysing the exist literature,summarize the relevant academic perspectives.As well as finding the defect of the regulation of the liability for breach labor contract.While the method of comparative analysis is used to comparing the regulations on the liability for breach labor contract between our country and abroad.The differences between Labor contract and general civil contract are firstly studied in this paper.Also we summarized the characteristic of Labor contract,Comparing the differences between liability for breach of labor contract and Liability for breach of civil contract,then we work out the legal basis and the legal value of liability for breach of labor contract.Then we put forward the insufficient of the doctrine of liability fixation's applying and the regulation of penalty.Besides,the guidance on legislation of liability for breach labor contract is also summarized by analyzing the abroad legislation of liability for breach labor contract.In the end,for deficiencies,concrete legislative proposals are put out against the deficiencies.The paper holds that the doctrine of liability fixation of liability for breach labor contract should be binary doctrine.General defenses of force majeure should be isolated in legislation,the broad of force majeure should also be clear.The penalty of breaching contract should be limited.The right of claim of both the employees and the employers on the penalty of breaching contract should be realized.Besides cognizance on if the contact could be continue to perform should be cleared.Compensation should be prevailed when taking the liability for breach contract.