Research On The Liquidated Damages System In Labor Law

The establishment of the liquidated damages system in China’s labor law has put an end to the chaotic situation of inconsistencies in the content of liquidated damages in local legislation,and formally made liquidated damages one of the liabilities for breach of contract of labor contracts through legislative means,so that the application of liquidated damages has a legal basis.Because the provisions of the liquidated damages system in China’s labor law are not detailed enough,there are many disputes in practice and theory over the application of liquidated damages in the labor law,and the employer and the employee have frequent contradictions due to the application of liquidated damages,so that the original intention of the establishment of the liquidated damages system cannot be realized,and the legislative challenge of liquidated damages should be improved as soon as possible.Before the promulgation of my country’s "Labor Contract Law",there were no provisions on the liquidated damages system.The root cause is the special relationship between the laborer and the employer.However,with the development of the economy,the relationship between the employer and the laborer The contradictions and conflicts between the two countries have become more and more serious,and it is urgent to recognize the legitimacy of liquidated damages in labor law.The liquidated damages system in labor law is developed continuously based on the contract liquidated damages system in civil law.However,due to the social law nature of labor law,the liquidated damages in labor law has its own unique basic connotation and nature.Although the liquidated damages system has a strong civil law foundation,justice value and guarantee value,the liquidated damages system in the current labor law still shows insufficient punitive functions,unequal applicable subjects,narrow scope of application and lack of the right to adjust the amount of liquidated damages Equal lag and maladaptation.An in-depth study of the problems existing in the liquidated damages system found that the root cause was that the particularity of labor contracts was not considered in the legislative process,and the balance of interests between employers and laborers was ignored,which made the liquidated damages system deviated from the legislative purpose of pursuing substantial fairness.Through the research on the basic connotation and theoretical roots of liquidated damages in labor law,this thesis examines the rationality of the liquidated damages system in foreign countries,summarizes the experience of perfecting the liquidated damages system in my country’s labor law,and aims at the current liquidated damages system in labor law.Regarding the problems existing in theory and practice,it is proposed to strengthen the punitive function of the liquidated damages system during the service period,clarify the punitive nature of liquidated damages during the non-compete period,apply liquidated damages equally between employers and workers,and adjust the service period and competition.The scope of application of liquidated damages during the employment restriction period and the establishment of a relief mechanism for the amount of liquidated damages will help resolve conflicts and contradictions arising from the application of liquidated damages by employers and workers in theory and practice.