Study Of Economic Compensation In Labor Contract

Labor laws are designed to promote stable and harmonious labor relations,and the financial benefits system is designed to provide tilt protection to those employees who treat as vulnerable group in labor law once discharging or terminating a contract.With the development of economic in China,labor relationships is becoming more and more market-oriented from Labor Law in 1994 to Labor Contract Law in 2008.With the public power gets involved in the labor relationships,the interest of two parties will be maintained,and the economic benefits system application,scope and the criteria are gradually revised and improved as well.It has raised the level of economic compensation,protected the employee's legitimate rights from being offended by the ongoing illegal offense.However,on the other side,due to the limitation of legislation skills in China,also cause the employment cost and business burden increasing,and there are lots of disputes in the labor market.In the same time,due to some unambiguous articles of law,may lead to different trial in the same case by different administrative organizations,and lead the violating lawful rights and interests from Party A.It has always been the problem of excessive principle and lack of flexibility in the economic compensation system.Therefore,in practice,employers will infringe on the legitimate rights and avoid the obligations stipulated by law.In the world,compared with those developed countries,China's economic compensation system is more inclined to employee,because of the legislative thought of public law in our country.Besides,the dissolution of labor relations in our country attaches too much importance to the procedure process,and also lack of alternative security system,economic compensation should be applied continuously in the future.The dissertation is divided into four sections beside the introduction and conclusion.The first section starts from the basic concept of economic compensation,including its nature and function.Compared with indemnity payment and compensatory payment,what's the difference between them.Secondly expound the theoretical basis and principle of economic compensation,clarify the scope and method of payment,as well as calculation standers,which need to be improved in the future.And put an eye in the world,how the economic compensations made in the developed country.In the last section,describe the current system flaw,the employee may not get preferential treatment,we should finger out the problem at first,and then base on the existing problems to discuss what should we do to explore more in the future.