On The Perfection Of The Economic Compensation System In My Country's Labor Contract Law

This paper starts from the most basic issues such as how to determine the nature of economic compensation,how to distinguish it from liquidated damages and compensation,and what important functions it has.In order to explore the way to perfect the current economic compensation system in China,the author studies the thoughts and connotation of the relevant legislation in foreign countries and other regions.At the same time,based on the existing economic compensation legislation and practical operation in our country and judicial status,throw out the main problems of the system,and this a series of problems,combined with the author on the study abroad and other parts of the enlightenment,the provisions of the relevant legislation targeted put forward the adjustment scope of economic compensation system,reconstruct the calculation of economic compensation system,increasing the small micro enterprise exemption clause and perfected and the cohesion between the unemployment insurance and a series of suggestion to perfect the current system.This paper mainly puts forward the following points of view: first,the economic compensation system should always have priority in providing unemployment insurance,in an efficient way to provide high quality security for the unemployed workers.Second,the economic compensation system of "compensation" is limited,that is,should be given to special subject,in special circumstances of the employing unit of certain exemption or accumulated benefits of deduction.Third,economic compensation system of"compensation" should be fine,it should have on the macro situation,payment standard,payment,pay no responsibility,on microscopic should focus on protection has a longer length of service workers,increasing illegal fired responsibility,take care of small micro enterprise,etc.,rather than to one size fits all "for each case to fire the same compensation.At the same time,this paper also believes that it is necessary to introduce the supervision mechanism of the working ability of the workers and the situation of the termination of the contract by consensus.Since the concepts of "incompetence" and "consensus" are highly subjective,it is difficult to form a standard of uniformity in identification.Therefore,the introduction of external supervision to determine whether workers are "not competent for work" and whether the termination of labor contracts through "consensus" is conducive to easing the tension between the soon-to-be unemployed workers and employers.At last,this article put forward the our country's present economic compensation system shall pay the standard adjustment scope increase the exemption clause perfect small micro enterprise and the cohesion between the unemployment insurance advice,with the expected economic compensation system can adapt to the Labour market and the changes of the social security system,continue to play an important role in regulating labor relations.