On The Improvement Of Economic Compensation System And The Perfection Of Legislation

As the unilateral legal obligation of the employer,the economic compensation can restrain the dismissal of the employer and guarantee the life of the labourers.Therefore,it is necessary for the current economic compensation system to exist.However,the Labor contract Law extends the application of economic compensation to the termination of the labor contract,especially when the employer declares bankruptcy or terminates the labor contract due to administrative punishment.this makes the irrationality of the economic compensation system more prominent.Because,on the one hand,employers have purchased unemployment insurance for workers under normal operating conditions,on the other hand,employers have to pay economic compensation to workers under the circumstances that it is difficult to continue.It means that the overlap of unemployment insurance system and economic compensation system increases the employment cost of employers.In addition,as the risks of the unemployed in today's society are incorporated into social risks,the social responsibility of employers is reflected in the payment of social insurance by workers.In other words,in the long run,the undertaking of corporate social responsibility objectively requires the unemployment insurance system to replace the economic compensation system.However,at present,it is limited by the narrow coverage of the unemployment insurance system,the payment standard of unemployment insurance and the low level of overall planning of unemployment insurance,if the economic compensation system is immediately abolished and replaced by the unemployment insurance system,then the legitimate rights and interests of workers will not be protected.Therefore,taking into account a variety of practical difficulties and obstacles,the improvement of the economic compensation system can not be achieved overnight.The system should be designed from two aspects: short-term improvement and medium-and long-term legislative planning.From the perspective of short-term improvement,the current economic compensation system should be retained temporarily and the unreasonable system design of economic compensation should be improved.From the perspective of medium-and long-term legislativeplanning,we should abolish the economic compensation system that has been legally lifted,and replace the economic compensation with unemployment insurance.Of course,while replacing the system,we should improve the unemployment insurance system.In addition,the economic compensation system for illegal termination of labor contracts has been transformed into a punitive economic compensation system.The legislative technology of extraterritorial economic compensation system should be used for reference by our country.For this reason,this paper is unique in exploring the extraterritorial economic compensation system,which is different from the classification of economic compensation by countries and regions,but by the applicable situation,components and payment standards of economic compensation.in order to enhance the experience of the extraterritorial economic compensation system for reference.Some countries outside the territory replace the economic compensation system with the unemployment insurance system,and the application of economic compensation generally excludes the termination of the labor contract.In addition,the payment standard of economic compensation takes into account the age of workers.These advanced legislative experiences provide a useful reference for the improvement of China's economic compensation system.Based on the main problems existing in the economic compensation system,it is necessary to improve the economic compensation system.In the aspect of the termination of the labor contract,the immediate termination of the labor contract shall apply double economic compensation in order to play the role of dismissal protection of economic compensation.At the same time,through the specific content to stipulate incompetence,major changes in the objective situation and economic layoffs,in order to further enhance the pertinence and maneuverability of employers to apply economic compensation.In terms of the termination of the labor contract,the provisions on the payment of economic compensation for the relevant labor contract shall be cancelled.The accurate proportion calculation method is adopted when calculating the compensation standard of economic compensation,and the differences of different ages and genders of different workers should be taken into account at the same time.In order to give better play to the alternative role of theunemployment insurance system to the legal termination of economic compensation system,the unemployment Insurance regulations should be improved.Specifically,it is necessary to further expand the coverage of migrant workers to participate in the unemployment insurance system;further improve the payment standard of unemployment insurance benefits;and further improve the overall planning level of unemployment insurance.Through the above three ways to reconstruct the unemployment insurance system.