The Empirical Research On Liquidated Damages Of Labor Contract

In recent years,it is common for employers and workers to default,and the dispute of liquidated damages is one of the most common and controversial issues.There are serious differences in the validity of liquidated damages and judicial adjustment,whether in academic discussion or judicial application.In labor arbitration and litigation,the validity of liquidated damages in labor contract and judicial adjustment are applicable to different rules of consideration,showing chaotic present situation in the rules of adjudication.Based on a random sample of 1986 judgment documents involving the dispute of liquidated damages in labor contracts,464 sample judgments meeting the requirements of empirical analysis were obtained.Through logistic regression analysis,it can be concluded that prosecution subject,trial level,trial procedure,application scope of liquidated damages,application subject of liquidated damages and labor arbitration result are the significant factors influencing the judgment results of labor contract liquidated damages disputes.Based on the scope of application of liquidated damages in labor contract,combined with the significant results of chi square test,cross analysis and one-way ANOVA,this paper further analyzes the typification analysis of judgment rules,then explores the differences of judgment rules of liquidated damages in labor contract and different judgment logic and consideration rules of liquidated damages judicial adjustment under three different types of service period,competition restriction and other circumstances.Combined with the actual distribution of the judgment results of liquidated damages in labor contracts,we can find that there are still some realistic difficulties,such as the situation of strong capital and weak labor,the separation in labor arbitration and litigation,the chaotic present situation of the judgment rules and so on.Therefore,it is necessary to unify the principle of measuring the legal interests of the judges,reconstruct the diversified treatment mechanism of the dispute of liquidated damages in labor contracts,moderately incline to protect the legitimate rights and interests of workers,and strive to realize the balance of interests between labors and employers,promoting the harmonious and stable development of labor relations.