The Perfection Of China’s Labor Contract Liquidated Damages

The definition of a labor contract liquidated damages in labor relations is, when there is a event of default case law or labor contract, the breaching party should have a certain amount of money to pay to the other party. The breach of labor contract damages system for smooth labor rights and obligations of the parties to fulfill, stable labor relations has a positive meaning. For a long time, China’s labor contract liquidated damages is no uniform system of clear rules, and the country use the legal also vastly different. After the labor contract law was enacted, end the chaotic situation,and unified the breach of labor contract damages system. It has a great progress. But the biased legislative ideas of worker protection in labor contract law is also reflected in the design of the labor contract liquidated damages system. So the system set too narrow, too much emphasis on the nature of the labor contract to compensate the damages, not been able to find the right balance in the interests of both employers and employees. This paper attempts to study of domestic and foreign labor contract liquidated damages system, analysis the pros and cons of China’s current system, and then make reasonable suggestions.