Legal Regulation Of Liquidated Damages Clause In Employment Contract In Colleges And Universities

In recent years,with the continuous implementation of the personnel system with the personnel employment system as the core in China’s public institutions,there are endless cases of disputes over the terms of liquidated damages in the employment contract of colleges and universities,and the contents of the terms of liquidated damages stipulated by both parties in the employment contract are diverse.Therefore,disputes over the terms of liquidated damages in the employment contract can be brought to the court.In the process of litigation,colleges and universities usually propose that the content of the liquidated damages clause agreed by both parties in the employment contract is effective.In judicial practice,the court will also consider various factors according to the autonomy of both parties and support the request made by colleges and universities.But usually in this case,teachers feel that their interests have been lost and will bring a lawsuit to the court again,which is not conducive to the stability of social order.The reasons are that the legal provisions on the liquidated damages in the employment contract of colleges and universities in the current law are vague,whether the liquidated damages can be agreed in the employment contract of colleges and universities,and if so,the scope and effectiveness of the agreed liquidated damages are the reasons for the disputes on the liquidated damages in the employment contract of colleges and universities.Therefore,this paper analyzes the typical cases of the Liquidated Damages Clauses in the employment contract of colleges and universities,combs the current situation of the disputes over the Liquidated Damages Clauses in the employment contract of colleges and universities in real life,then reveals the problems existing in the Liquidated Damages Clauses in the employment contract,and finally puts forward some suggestions to improve the application of the Liquidated Damages Clauses in the employment contract of colleges and universities.In the process of writing the article,the author combs and analyzes the relevant viewpoints of Liquidated Damages Clauses in university employment contracts at home and abroad through normative analysis,empirical research and comparative research,which can not only reflect the appropriateness of Liquidated Damages Clauses in university employment contracts,but also provide some reference ideas for the liquidated damages clauses in university employment contracts in China.In the writing process of the whole article,through the analysis and sorting of a large number of cases,the author shows how to use the liquidated damages agreed in the employment contract of colleges and universities to safeguard their legitimate rights and interests when their rights and interests are damaged in the specific practice process.In addition to the introduction and conclusion,the text is mainly composed of three parts.The first part takes the liquidated damages clause in the university employment contract as the main line.Firstly,by comparing the university employment contract with the labor contract,the Civil Servant Employment Contract and the administrative contract with the employment contract,it points out the particularity of the university employment contract,and expounds the concept of the liquidated damages clause in the university employment contract and classifies it according to certain standards.The second part summarizes the application of the terms of liquidated damages in the employment contract of colleges and universities in the process of judicial practice,and further defines the problems existing in the terms of liquidated damages in the employment contract of colleges and universities in China,mainly about the unclear legal basis for the application of the terms of liquidated damages in the employment contract of colleges and universities,the scope and effectiveness of the terms of liquidated damages The distribution of the burden of proof in such cases.The third part is the suggestion to improve the terms of liquidated damages in the employment contract of colleges and universities.By refining the legal provisions of the terms of liquidated damages in the employment contract of colleges and universities in legislation,at the same time,strengthening the judicial guidance on the disputes over the terms of liquidated damages in the employment contract of colleges and universities in judicature,paying attention to balancing the interests of both parties in the process of adjudicating cases,so as to create a good social environment for both parties.