Study On The Term Of Service

In practice, employers may arbitrarily conclude an agreement specifying a term of service with employees before the implementation of The Labor Contract Law. However, liquidated damages will be limited to breach of a term of service and non-competition by The Labor Contract Law. The term of service is the shortest service term agreed by the employer and the employee when the employer has funded training for the employee. The service agreement sets a new relationship between the employer and the employee in which the employer affords funded training and the employee should service for the agreed term. Otherwise, the employee should pay liquidated damages for breaching of the agreement. The Labor Contract Law try to limit the application of liquidated damages between breaching of a term of service and non-competition, so as to adjust the gap between employers and employees.About liquidated damages for the service, there are three different point of view in domestic scholars. They are prohibited view, limited view and agreed view. What's more, the international community also has two legislation model. They are prohibited legislation model and agreed legislation model. The prohibited view holds that the liquidated damages will limit the employee's freedom which can not be restrained. The agreed view considers that liquidated damages can help companies to make cost-recovery and retain qualified personnel. The limited view holds that we can choose liquidated damages for the service to protect the worker's rights.In view of existing situation, the author carry out in-depth study. The first chapter start from a real case, propose present problems about liquidated damages of term of service and legislative history of the evolution and the status quo. The second chapter study theoretically the meaning of the term of service and liquidated damages, and give comparative analysis between contract law and labor contract law.The third chapter details the view of domestic scholars on the term of service and international legislative experience.The fourth chapter detailed analyze the problems of the service system of the liquidated damages.The fifth chapter try to give some legislation proposals about the problem of the term of service.