On The Perfection Of China's Labor Contract Economic Compensation System

The report of the Nineteenth Congress pointed out that maintaining and improving the development of people's livelihood and promoting the well-being of people's livelihood is the fundamental goal of development.so,Paying attention to and safeguarding employee rights and interests is not only important for maintaining the stability of labor relations,but also has a far-reaching impact on improving people's livelihood and promoting social fairness and justice.Economic compensation,as an important system in the labor contract law,corrects the imbalance in labor relations through the tilt protection of workers.However,China's labor legislation does not clearly define the nature of economic compensation,which also evades the application space of the economic compensation law for employers.By studying the domestic and foreign economic compensation systems,the scope of application and payment levels of China's economic compensation is high.Level,which increases the difficulty of actual operation.In view of this,this article focuses on clarifying the nature of economic compensation.At the same time,it draws lessons from foreign legislative experience and puts forward proposals for improving the application of certain economic compensation funds.This article is divided into four parts from the structure:The first part is to explain the basic theory of economic compensation.The focus of this chapter's research is to define the nature of economic compensation,and to conclude that the "employers' help" under reformism is more in line with the new situation of current economic compensation.The second part is to introduce the provisions of the current legislation in China on the scope of application of economic compensation,mainly including the termination and termination of labor contracts and the payment standards and payment methods for economic compensation.The three part mainly introduces the economic compensation regulations of different developed countries and Hong Kong and Taiwan,summarizes the mature experiences of other countries and regions,and provides suggestions for improving China's economic compensation system.The fourth part puts forward the problems existing in China's labor contract economic compensation,mainly including:the imbalance between the economic compensation system and the unemployment insurance system;the requirements for distinguishing labor contracts when negotiating termination of labor contracts are too strict;the scope of economic compensation is too large;economic compensation payments There are insufficient standards and payment methods and remedies for violations of the economic compensation system.The fifth part is the specific measures to increase economic compensation,which is mainly reflected in the realization of two-way transformation of economic compensation and unemployment insurance;the economic compensation that distinguishes when to terminate the labor contract is unanimous;it limits the scope of application of economic compensation;and improves the economic compensation standard.And payment methods,improve the economic compensation system.