The author thinks, such restricted regulation has active sense to safeguarding worker rights and interests and contracted fairness. A few enterprises in practice put forward to be as high as tens of thousands of to get on 1 million yuan even at every turn to employee of end an agreement " day price " compensation of break a contact, very it's hard to say is a kind of normal phenomenon, have the interest of try to make sb do sth which he can't do even. Give to this limitation is completely necessary lawfully. After all, unit of choose and employ persons cannot force by right of oneself economy advantage laborer exceeds its individual to bear the liability clause of ability. But the author thinks at the same time, this one revolutionary regulation of draft still has a few to be deficient in it seems that, outside removing provision of demarcate penalty due to breach of contract namely then, still ought to will " loss liability to pay compensation " necessary tie also is brought into compasses make range.
Tell from civilly, the responsibility that citizen or enterprise should assume to place of behavior of breach of contract includes two kinds of forms: It is the means of computation of penalty due to breach of contract that agrees according to the contract undertakes responsibility of breach of contract; The liability to pay compensation that the 2 actual losses that because break a contact is caused,are a basis will come to decide break a contact just should be assumed. Illustrate, some enterprise and employee did not agree in labor contract clause of penalty due to breach of contract, when employee cannot continue to fulfil a contract because of reason, although the enterprise did not hold penalty due to breach of contract, but all sorts of losses that can raise oneself to be sufferred because of this however, requirement employee assumes corresponding liability to pay compensation. And the enterprise serves as seek profits sexual unit, the loss items of its place adduce and amount often can achieve quite high rate, for instance the company can say probably, because of a certain design the behavior taking off hillock of personnel brings about him to cannot be signed or fulfill with the some economy between other unit contract, caused to oneself thereby how huge loss and even " can get a benefit " loss, ask stuff is right this " bury sheet " , and such compensation asks often enough makes employee is immersed in economic predicament. Although the view of the enterprise may have certain authenticity, but if allow to be by its on compensation " ask a price of all over the sky " , have apparently be contrary to fair principle.
And if labor contract law is put to this have " omit " if, will hard compasses make unit of choose and employ persons " abandon penalty due to breach of contract and choose compensation " avoid practice, as a result cannot realize the protection with pair of worker more comprehensive and reasonable rights and interests.
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