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China Wronful Dismissal/Unfair Dismissal-employment law and practice - China wrongful dismissal

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China's legislation and judicial practice in recognition of liquidated damages with compensatory and punitive dual nature. Breach of contract is about the fulfillment of the interests of the compensation. Therefore, the essential meaning of the liquidated damages should be compensatory damages. In addition, in determining the The basic nature of liquidated damages compensatory same time, do not rule out the parties in a fair, under the guidance of the principle of good faith, agreed to apply to punitive damages. liquidated damages punitive, that it damages the basic difference. If the breach Golden only compensatory but not punitive, while the role of liquidated damages agreed to essentially the same in the damages, thus ruling out the inherent characteristics of liquidated damages, but not effective sanctions against the breach, the full protection of the interests of non-defaulting party. in the labor contract, unless there are special provisions of law (such as service, confidentiality clause, the general agreed liquidated damages shall not working.

financial compensation. In accordance with national labor laws, regulations and policies, under certain conditions, employers and workers on labor contracts should pay economic compensation. The economic compensation for workers, issued by the employing unit time . On the economic compensation should pay personal income tax issues, in September 2001, the Ministry of Finance, State Administration of Taxation jointly issued a circular, from 1 October 2001, the individual due to labor relations with the employer to obtain a one-time compensation income, the income year in the local average wage of less than 3 times the amount of parts, exempt from personal income tax, the excess part of the in accordance with the relevant provisions of the calculation of personal income tax. enterprises in accordance with the provisions of relevant state laws and bankruptcy, corporate workers from the bankrupt enterprises to obtain a one-time relocation income, exempt from personal income tax.



 
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