论经济补偿制度的法律定位与规范功能——从两岸三地的比较切入

经济补偿是劳动法上解除终止劳动合同时的重要制度.从经济补偿与失业保险的关系性框架分析这一制度,可以发现经济补偿以雇员的就业安全受到影响为基本前提,以“非自愿结束劳动关系”为核心,以社会责任为基础,以补充社会保障为目的.经济补偿制度的法律定位是社会责任.依凭于此,经济补偿制度至少发挥规范解雇行为、劳动合同期限、企业社会责任的功能.

The Law Orientation and Regulation Function of Economic Compensation Systems——Begin with the Comparative Study in the Mainland,Taiwan and Hong Kong

From the frame analysis of economic compensation systems which is performed by the relational analysis between economic compensation and unemployment insurance, we could find that the economic compensation takes the effect of employee＇ s employment security as the basic premise, the involuntary over labor relations as the core, the supplement social security as the theory, the social responsibility as the base. The law orientation of economic compensation systems is social responsibility. Relying on this, at least the economic compensation systems can regulate the fire behavior, term of a labor contract, corporate social responsibility.