论劳动合同的解除及其违约责任

在市场经济蓬勃发展的今天,劳动合同被越来越广泛地采用,但对劳动合同的解除和违约责任的适用,在法律上也越来越表现出了漏洞。由于劳动合同的特点,决定了其与《合同法》规定的不同,从而也导致了解决劳动合同争议问题的困难。针对目前劳动合同履行过程中出现的一些问题做了探讨,尤其是对劳动合同的解除和违约责任形式做了论述,把传统的劳动者分为一般性的劳动者和特殊性的劳动者,在适用法律方面也各有其适用特点。

In terms of the termination and dissolution of the contract and its breaching responsibilities

Under the present day when the market economy develops rapidly, the labor contract is applied more extensively, but for the application on the dissolution of the labor contract and breaching responsibilities, and more and more leak holes are shown out on the law. Because of the characteristics existing in the labor contracts, it is determined that it has the difference with the stipulations of the <>, as a result, it has caused a difficult for solving the problems of the labor contract disputes. The article has made the discussions on some problems occurred in the process of performing the labor contracts, especially, the article has made the discussions on the forms of the dissolution and breaching responsibilities of the labor contracts, the article divides the traditional laborers into the common laborers and the special laborers, there are also the applicable characteristics on the legal application.