Research On The Application Of Economic Compensation In Labor Contract Law

Economic compensation is an important legal system in China's labor contract law,and it is also a legal system with Chinese characteristics in China's labor contract law.It embodies the principle of special protection of workers by the state.In judicial practice,it does play an important role in protecting workers' inclination and maintaining social and economic harmony.Economic compensation is also called cash of economic compensation in academia.On November 24,2017,the Ministry of Human Resources and Social Security officially issued a document announcing the abolition of Economic Compensation Measures for Violation and Removal of Labor Contract([1994]481).Thus,the title of economic compensation in practice has been solved from the legal level.Whether cash of economic compensation or economic compensation,as an important legal system of the Labor Contract Law,economic compensation plays an important role in safeguarding the legitimate rights and interests of workers,regulating labor relations and maintaining social and economic stability.Since the implementation of the Labor Contract Law on January 1,2008,the people's courts at all levels have accepted a large number of labor disputes between workers and employers.When hearing such cases,the courts,in accordance with the provisions of the Labor Contract Law,have protected the legitimate rights and interests of workers according to law and effectively safeguarded the stability of social labor relations.At the same time,in the process of applying economic compensation,it also exposes some problems in the process of application,such as the defects in the design of the scope of application of economic compensation,the ambiguity of competition restrictions and economic compensation provisions,and the problems between the application of economic compensation and the development of enterprises,etc.These problems lead to the fact that economic compensation can not fully reach the legislator when applied.The aim of balancing the protection of workers' rights and interests and the sustainable development of enterprises may lead to the difficulty of implementation in practice.Especially with China's economy entering a new normal,enterprises are also facing some new problems,the contradiction between labor and capital relations is more prominent,domestic business and academic circles are brewing proposals to amend the Labor Contract Law.Under such a background,it is of great theoretical and practical significance to study the problems existing in the judicial application of economic compensation and further explore ways to solve these problems for improving the economic compensation of labor contracts in China.This paper is mainly divided into the following four parts:In the first part,starting from the related concepts of economic compensation,the concept of breach of contract damages and compensation related to economic compensation is distinguished.Then,after analyzing and summarizing the nature of economic compensation in academic circles,the author puts forward his own views on the nature of economic compensation,then combs the development process of economic compensation,analyses the historical trend of labor economic compensation in China,analyses and summarizes the existing problems,and paves the way for further summarizing the problems.In the second part,the author summarizes the problems existing in the application of economic compensation in judicial practice through induction and analysis,such as the limitation of the scope of application of economic compensation in design,the application of economic compensation in the case of competition restriction and the payment standard,as well as the problems existing between the application of economic compensation and the development of enterprises in the new normal economy.In the third part,the author makes an analysis and Discussion on the legislative provisions and application of economic compensation in foreign countries and Hong Kong and Taiwan regions of China,summarizes the characteristics of economic compensation in different countries and regions of Hong Kong and Taiwan,and makes a comparative analysis with China's economic compensation by using comparative analysis method,thus putting forward the author's own viewpoint,that is,to absorb foreign countries and Hong Kong and Taiwan regions of China.The beneficial system stipulation,then puts forward the suggestion for consummating our country economic compensation application.In the fourth part,the author puts forward his own suggestions in view of the problems existing in the application of economic compensation in judicial practice,mainly from three aspects,such as how to improve the application of economic compensation in the new normal economic situation,how to improve the application of economic compensation in the restriction of competition and so on,especially for the phenomenon of "labor touching porcelain",the author puts forward his own views and suggestions.