论文部分内容阅读
劳动合同的违约责任有其自身特点,并体现出保护劳动者的一定倾向,其归责原则与民事合同的不同,乃是过错责任原则,其免责条件与民事合同违约所要求的也有差异。劳动者违约而承担赔偿责任时,在非约定的情况下,主要是赔偿直接经济损失,一般不涉及间接损失,对此劳动法及相关配套法规均有明确规定。虽然劳动人事讼案日益增多,但相应司法准备方面很不适应,急需从多方面改进。
The liability of breach of contract in labor contract has its own characteristics, and reflects the tendency of protecting laborers. The difference between the principle of blame and the contract of civil liability is the principle of fault liability, and there are also differences between the exemption conditions and the breach of civil contract. When a worker defaults and assumes liability for compensation, in the case of non-agreement, it mainly compensates for the direct economic losses and generally does not involve indirect losses. In this regard, the labor laws and related supporting laws and regulations all clearly stipulate. Despite the increasing number of labor and civil servants, the corresponding judicial preparations are not suitable and there is an urgent need for improvement in many aspects.