Probe into liquidated damages and dismissal wage in Labor Contract Law  

作　　者：孔康妮[1] 

机构地区：[1]中国政法大学,北京 100088

出　　处：《科学与管理》2009年第3期68-70,共3页Science and Management

摘　　要：《劳动合同法》在立法过程中引起了劳动者、用人单位的广泛关注。从最终的立法文本中我们看到了诸多的制度创新，分析这些制度创新对于充分理解和贯彻执行《劳动合同法》具有重要的意义。本文将结合劳动合同法的立法理念对新确立的合同违约金制度和劳动补偿金制度进行分析，并提出今后完善立法的几点建议。The Labor Contract Law in China improved and Deflected the system of labor market in China. Since the Employment Contract Law was enacted, it has been widely caused dispute and agreement and the society has paid more attention to the incline protection of labors. As an important basis for coordinating the labor relations, the Labor Contract Law established the mechanism for workers to protect their legitimate rights and interests. It also ensures the working conditions for workers, safety in production, wages and benefits, and other aspects of basic human rights. A probe into the mechanism will have great impact on the implementation effect of the Labor Contract Law. This present paper focuses on the legal nature and system construction of Dismissal Wage and Liquidated Damages in the Labor Contract Law, also some advises for legislation will be provided.

关 键 词：劳动者权益保护 违约金制度 竞业限制 劳动补偿金 

分 类 号：D922.52[政治法律—民商法学]