Research On Economic Compensation In Labor Law

Due to the lack of clear positioning of the nature of economic compensation in China's labor legislation,there are also some problems in relevant laws and regulations,so that in practice,it provides a space for employers to evade the law,to some extent,it inhibits the function of economic compensation.Therefore,through the discussion of the basic theory of economic compensation,this paper tries to clarify the nature of China's economic compensation and the theoretical basis of economic compensation.At the same time,on the basis of learning from the mature legislative experience of foreign countries,it puts forward some further suggestions on the application of China's economic compensation.Starting from the concept of economic compensation,this paper analyzes the differences between economic compensation,compensation and liquidated damages,and summarizes the problems whether the three can be used together in application.Then the nature of economic compensation is discussed in depth,which is the focus of this paper,but also the author tries to make innovations.The basic principle of economic compensation is the accurate identification of its nature,which is a theoretical basis for the study of economic compensation,but also a controversial issue in the theoretical circle.First of all,the author summarizes the theories about the nature of economic compensation,including the theory of labor contribution compensation,the theory of legal liquidated damages,the theory of social security,the theory of employer's obligation to help,and makes a comprehensive analysis of each view.On this basis,starting from the theory of surplus value put forward by Marx,this paper leads to the necessity of workers' right to claim surplus,thus laying a theoretical foundation for the economic compensation,and concludes that the economic compensation is the compensation of the employer for the surplus value created by the workers during the continuance of the labor relations.Then it explains the value concept of economic compensation and the system function it undertakes.In the second half,through the comparison and analysis of the economic compensation system in the legislation of different countries(regions),the author puts forward the legislative enlightenment for reference,so as to provide reference for the improvement of the system in China.The problems existing in the economic compensation system in China's labor law are mainly reflected in the scope of application and calculation standards.The problems in the scope of application are: the economic compensation does not cover part-time employment,and the conditions for negotiating to terminate the labor contract to pay the economic compensation are unreasonable.There are some problems in the calculation standard: the regulation of the maximum payment period of economic compensation is not reasonable,and the calculation standard of economic compensation is not hierarchical according to the age and occupation of workers.In view of the problems raised,based on the combination of China's national conditions and foreign(regional)legislative experience,this paper puts forward perfect suggestions,especially for the problems of "scope of application" and "calculation standard".The author believes that the scope of application of economic compensation should be further expanded in combination with the nature of economic compensation,and part-time employment should be included in the application of economic compensation in specific provisions Scope,in the process of negotiating to terminate the labor contract,In the case of economic compensation,it should be uniformly stipulated that the employer should pay the economic compensation.As for the "calculation standard",the maximum payment period of economic compensation should not be distinguished from the high-income group,and the maximum payment period of economic compensation should be set in combination with the age and occupation factors of the workers.