Research On Compensation System For Laborers Breach Of Contract

Based on the subordinate attribute of the employer to the employer,the labor relationship presents the differentiated characteristics of the relationship with the ordinary civil law,which leads to the labor contract law forming a different laborer inclination from the principle of party autonomy of the contract law.The concept of protection is embodied in the compensation system for workers breach of contract damages.It is mainly manifested in the scope of the applicable subject,the contract validity determination rules for the labor damage compensation,and the labor damage compensation liability determination rules.For the compensation for workers breach of contract damage,only the provisions of Article 98 of the Labor Contract Law have been simplified,and due to the differences in the protection of the concept of the Labor Contract Law and the Contract Law and the difference in the purpose of setting the liability,the judicial practice is adopted.The ordinary civil liability identification rules deal with the irrationality of the laborers liability for compensation.Therefore,in order to effectively protect the legitimate rights and interests of laborers,the Labor Contract Law should establish its own unique labor compensation rules for damage awards.This article is divided into four chapters,the main contents are as follows:The first chapter is the introduction,which briefly discusses the research status,research methods and innovations of laborers damages for breach of contract;The second chapter is the basic theory of laborers damages for breach of contract damage,clarifies the connotation of laborers damages for breach of contract damage,and distinguishes the difference between it and ordinary civil default damage compensation,which is the basis for the study of this subject.It is precisely because the laborers apply the civil default damage compensation,and the labor legislation itself has insufficient provisions for the compensation of laborers breach of contract.Therefore,it is necessary to set the special authorization rules for laborers breach of contract damage,and its value should be positioned in the principle of correcting contract autonomy.Stick to the principle of worker protection.The third chapter is the application status of laborers damages for breach of contract damage,mainly from the main elements of the workers compensation for damages for breach of contract.In the scope of application of the main body,the purpose of laborers breach of contract damage compensation is to protect the vulnerable workers,and the senior management personnel who have the employers color based on the weak assumption are also given special protection,and the original intention of the weak laborers is protected.In the determination of the validity of the contract,the laborers breach of contract,the violation of the non-competition obligation and the validity of the performance of the breach of contract are inherently unreasonable,thereby increasing the risk of default of the employee;It leads to the confusion and confusion of the rules for determining the responsibility of laborers in practice.The fourth chapter is the perfection of the system for compensation for workers breach of contract damage.In terms of the subject of responsibility,the stipulation of attribute standards excludes the special application of strong laborers.In the aspect of the determination of the validity of the contract,the classification system for the advance notice of the laborer is implemented,and the classification of the entity condition and the notice period is implemented;for the determination of the effectiveness of the competition restriction agreement,the rules for determining the non-competition agreement are reconstructed;increase the general terms of damages for job conduct,clarify the types of disputes and strengthen the validity of the provisions.In the aspect of liability identification,the special liability determination rules for laborers breach of contract damages shall be added,the principle of liability for fault liability shall be clarified,the reasonable compensation standard shall be implemented,and the applicable relationship of liquidated damages and damages for breach of contract shall be clarified.