| The "labor contract law" to implement the self defined at the beginning of much attention from all walks of life,the topic has long been concerned about is the lack of related issues in the process of legislation of settlement mechanism,but the law did not the solution to the existing problems in the process of legislation and practice.From the current "labor contract law",the level of the value of labor exists tilt protection,the technical level of certain provisions of the problem does exist many uncertainties,such as the punishment mechanism and restriction mechanism of liability for breach of contract in no specific provisions.The liability for breach of contract is the core content of labor contract,to constrain the behavior of the parties,is an important guarantee to fulfill its contractual obligations,but the theory of liability for breach of the labor contract issues have not been systematically organized research,research on the field of labor contract breach of contract responsibility system has not yet been established.Practical difficulties so this should focus on the content is from real life encounter with respectively characteristics of the workers and employers in breach of the constitution,causes,consequences,responsibility,relief and other aspects of comprehensive demonstration and reference the basic principles of liability for breach of the civil code contract law,reference on international labor legislation practice,describes the author's point.Put forward the suggestion on the construction of the system of the liability for the breach of labor contract system,hoping to locate the liability for the breach of labor contract is reasonable,in order to realize the protection of the rights and obligations of both parties is the situation;and after the occurrence of default,continue to perform the payment system,breach of contract damages the application of argumentation.Put forward some personal opinion for the construction of a harmonious and stable labor relations. |
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