勞動補償責任研究

Research on the Responsibility of Labor Compensation

勞動補償責任是用人單位基於勞動法律法規的規定、在特定情形下，按照法定標準，應承擔的對勞動者所有的金錢給付責任，包括補償性勞動補償責任和賠償性勞動補償責任。其主要法律依據是2008年1月1日實施的勞動合同法及其實施條例，由於其立法本意是增加用人單位的違法成本，以此來促使用人單位守法，而法律實施效果並不理想。政府及用人單位將經濟面臨的困難歸因於勞動合同法導致用工成本上升，甚至有廢除勞動合同法的聲音。考諸社會運行狀態，勞動者基本權益不應因經濟發展狀況而改變，勞動補償責任總體上是適當的，儘管個別條款有改進的空間。若是修法，應該全面修改勞動法，將個別勞動關係納入勞動法中，並廢止勞動合同法。

Labor compensation liability is that employer should bear monetary liability to employee. It has been based on the provisions of the labor laws and regulations in certain circumstances and in accordance with the legal standard.There are two kind of labor compensation liability: one is compensation for loss, and the other is legal compensation. The main legal basis of labor compensation liability is the Labor Contract Law, enforced on January 1, 2008, and its implementation regulations. Its legislative intent is to encourage the employer to obey the law by increasing the employer’s illegal costs and the law enforcement effect is not ideal. Some government officials, economists and employers attribute the economic difficulties to the labor contract law which has led to higher labor costs and even the abolition of labor contract law. There was even a sound of the abolition of the labor contract law. To take an examination of the social status, workers’ basic rights and interests shall not be changed due to the economic development. The labor compensation liability in general is appropriate, although some terms have room for improvement. If the law is repaired, now is a good time to overhaul the labor law, and individual labor relations should be included in the labor law, and hence the abolition of the labor contract law.