Study On The Application Of Economic Compensation Law In Labor Contract

The economic compensation system was established to balance the status of labor and capital.But at present our country about the regulation of economic compensation on legislation and legal application there are still some shortage,on the one hand,due to legislative loopholes to evade the legal responsibility of unit of choose and employ persons,evading payment obligation provided operating space,on the other hand,because too broad scope of application increased the economic burden of unit of choose and employ persons,increased labor costs,labor disputes,It strained Labour relations and deviated from the legislative purpose of building stable Labour relations.This article through to the legislative evolution of the economic compensation,conduct the thorough research to the theory,consulting a large number of relevant documents,to find and combing the current problems existing in the legislation and legal application,and this a series of problems together with the present situation of our country legislation and overseas experience and proposes constructive Suggestions to perfect the system of economic compensation.Although China’s economic compensation system has undergone several reforms,there are still some shortcomings.Compared with other countries and regions,China’s economic compensation provisions need to be improved in terms of applicable subjects,situations and payment standards.The original intention of economic compensation is to help workers spend the life without income source after losing their jobs,help them solve economic troubles and get employment again as soon as possible.Today,economic compensation at the beginning of the applicable law and set up the pursuit of the skewed,fixed a problem with the provisions of the applicable specification,with the reality does not stick and parts,ensure economic compensation is to use the flexibility and standardization,to achieve the balance of interests in the labor market.