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Study on Chinese Economic Compensation System of Labour Contract

Author: FanRong
Tutor: LiKunGang
School: Anhui University
Course: Civil and Commercial Law
Keywords: Economic compensation Labor contract The termination of the labor contract
CLC: D922.52
Type: Master's thesis
Year: 2010
Downloads: 348
Quote: 4
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Abstract

Economic compensation for the metal in an important content of China's labor contract system, the economic compensation system characteristics are very distinctive, with the labor contract, terminate the system closely together. On the one hand, it lifted as a labor relations or termination of workers' rights after accompanying safeguard mechanism has played an active role in protecting the legitimate rights and interests of workers; On the other hand, because of the current system of economic compensation legislation and its judicial explain the existence of many problems, and theoretical circles its nature, functions, and other differences, resulting in many problems in practical use. In this paper, the type and characteristics of the economic compensation as a starting point, the economic compensation system classification. And in-depth analysis of the nature and function of the economic compensation and related concepts compare to a thorough and correct understanding of the meaning of economic compensation. Nature of academia for economic compensation there are four dominant doctrine, and these four doctrines strengths and weaknesses and their own lack of it can be said that the legal nature of the economic compensation should be integrated and a number of factors to consider itself has multiple performance. By comparison with the relevant countries and regions, the different kinds of economic compensation assessment, put forward suggestions for improvement. Major pointed out that the consensus to terminate the labor contract to cancel the antecedent conditions proposed by the employer, as long as the legal bottom line consultation to terminate the contract, workers should be appropriate compensation. In the implementation of the \Problem of the applicability of the economic compensation for termination of the labor contract, the academic controversy began to expound, affirmed the positive significance of economic compensation payment under a labor contract is terminated. At the same time pointed out that the short-term for the short-term of the labor contract and labor relations are not inevitable, and strengthen social security and intensify the reform of the labor contract on the basis of the pay economic compensation system in the case of termination of labor contracts more reasonable. Economic compensation system in the special form of employment, such as dispatching employees, part-time employment can also be applied to economic compensation for the legal system increasingly perfected helpful. In the analysis of economic compensation calculation standard monthly salary, I think we should learn the relevant provisions of the Italian Civil Code, to fully take into account the impact of inflation and other life factors on wages, so that is more conducive to the protection of the legitimate rights and interests of laborers. In addition, the economic compensation applies, in particular, company executives whether the provisions of the applicable economic compensation was analyzed and investigated.

Study on Chinese Economic Compensation System of Labour Contract

Abstract

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