On the System of Liquidated Damages for Labor Contracts in China

摘要

Under the background of the new era，various undertakings in China are becoming more and more prosperous，the labor market is showing prosperity，and more and more new occupations are emerging，which makes the labor relations more complex and diverse，and the requirements of the parties to the labor relations for the labor contract have also undergone significant changes. The labor contract should not only specify their respective rights and obligations based on the free will of both parties，but also specify the liability for breach of contract if one party breaches the contract. Among them，the most concerned is the application of liquidated damages. According to the relevant provisions of the current Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China，clearly define the concept，nature and legislative model of liquidated damages for labor contracts. On this basis，sort out and summarize the shortcomings of China's labor contract liquidated damages system，find solutions，and improve the socialist legal system with Chinese characteristics and build a socialist country under the rule of law，It is of great significance to safeguard and promote social fairness and justice.