The Perfection Of The Economic Compensation System In The Labor Contract Law

The economic compensation system of labor contract has been playing an important role in protecting the interests of laborers since it came into being.With the continuous improvement of the applicable scope and calculation standard of economic compensation under labor contract in China’s labor legislation,the functions of economic compensation under labor contract are becoming more and more.Meanwhile,the disputes over its system design are becoming more and more fierce.Social and economic development needs harmonious and stable labor relations.China protects the legitimate rights and interests of workers and promotes the stable development of labor relations by building a labor law system with the labor law and the labor contract law as the main structure,of which the economic compensation system is an important part."Labor law" and "labor contract law" the provisions for economic compensation system,in comparison,the "labor contract law",46,47 building economic compensation system is more detailed and complete,and the judicial practice also mainly according to the related regulations of labor contract law,so this article will mainly study the system of economic compensation of labor contract law,as well as the agreement of non-competition compensation this article will study do not do temporarily,because of its different from legal compensation system and larger.With the socialist system entering a new era,the country attaches more and more importance to people’s livelihood,labor contract economic compensation system must be reformed and improved.Therefore,based on China’s national conditions and practices,it has become an issue of concern and urgent need to be solved to scientifically determine the connotation and nature of economic compensation,reflect on the defects of the system,and ensure that economic compensation can give full play to its value and protect the rights and interests of workers.Determining the nature of economic compensation is the foundation of constructing the system of economic compensation.Whether the specific legal rules of the economic compensation system are designed in a scientific and reasonable way also affects the effect of the whole system in its function.Economic compensation applicable range is wide,its pay standard is higher,reach too unified computational standard,in respect of function of certain system,the function that has with unemployed insurance gold repeats effect.Although legislators’ purpose is to through the system design,make more workers in the discharge or termination of labor relations will be able to get the guarantee on the life in the future,but virtually to unit of choose and employ persons too much economic pressure,also in the terminate the labor contract with laborer or terminate labor right,likely due to the economic compensation payment by the contradiction of labor relations.In terms of some system functions,economic compensation under labor contract and unemployment insurance compensation system overlap,which wastes legislative resources and is not conducive to the implementation.Therefore,from the two aspects of theoretical basis and practical system design,adopts the method of comparative study and empirical study,the nature of the economic compensation of labor contract carries on the reasonable localization,the scope of the current labor contract economic compensation and analyzes the rationality of the calculation standard,based on the reality of evaluation summed up the state of economic compensation system design ought to be.In a word,economic compensation is the fair responsibility apportion that unit of choose and employ persons transfers to laborer because of the exercise of its remove right.This paper analyzes the problems in judicial practice,evaluates the limitations and deficiencies of the current provisions,and summarizes the state of the system.Make it appear in practical application a lot of obstacle,for instance with unemployed insurance system appeared on the function coincidence,make unemployed insurance system provides safeguard respect to fail almost for laborer.In order to coordinate the relationship between the unemployment insurance system and economic compensation system,give full play to the function of the two,the author suggested to fair responsibility allocation as the starting point to interpret the economic compensation system,reasonably determine the scope of application,effectively adjust the payment standard,realize the calculation standard of typing and diversity,full and effective use of its value and function.