Review and Application of the Additional Com-pensation Provisions in the Labor Law
DOI:
https://doi.org/10.63313/ESW.9076Keywords:
Additional Compensation for Damages, Application of Law, Normative Conflict, Punitive DamagesAbstract
During its evolution, the additional compensation provisions within China's Labor Law have progressively established multiple legal purposes, including de-terrence, incentive, and correction. Regulatory inconsistencies exist in the stip-ulations concerning additional compensation across labor legislation, relevant judicial interpretations, and normative documents, resulting in difficulties in legal application. The causes of these difficulties include: the complexity and untimely consolidation of normative documents governing additional compen-sation; the ambiguous nature of additional compensation; functional confusion between labor inspection and labor dispute resolution mechanisms; and uncer-tainty regarding the subject matter of judicial interpretations. To address these issues, it is necessary to clarify the punitive damages nature of additional com-pensation, adopt and refine the adjudicative approach based on Article 85 of the Labor Contract Law to achieve uniformity in legal application. For the future, legislative amendments should focus on the dispute resolution mechanism, sub-jective elements, and applicable circumstances for additional compensation.
References
[1] Thomas Rouhette, "The Availability of Punitive Damages in Europe: Growing Trend or Nonexistent Concept," Defense Counsel Journal, Vol.10,2007.
[2] Carol Abdelmesseh, "Why Punitive Damages Should be Awarded for Retaliatory Discharge Under the Fair Labor Standards Act," Hofstra Labor & Employment Law Journal, Vol. 21, 2004.
[3] Vargo J F, "The American Rule on Attorney Fee Allocation: The Injured Person's Access to Justice," Inquiry A Journal of Medical Care Organization Provision & Financing, Vol.4,1993.
[4] Shinyashiki Emiko, "Changing Circumstances in Contracts of Employment, Contract Law, and Employment Legislation in English Law," Hosei Gakkai (Institute for Law and Politics) Kyushu University, Vol. 88, 2022.
[5] Geng Q, "Analysis of punitive damages in the context of economic law based on the singu-lar value analysis method," Applied Mathematics and Nonlinear Sciences, Vol. 9, 2024.
[6] Nicholas S, "THE NORTH BRITON NO. 45 AND THE DOCTRINAL ORIGINS OF EXEMPLARY DAMAGES," The Cambridge Law Journal, Vol. 82, 2023.
[7] Virginia Brow, "Revisiting the Public Policy Exception to the Employment-at-will Doctrine Following Thibodeau v. Design Froup One Architects: Applying an Ethic of Care Analysis," Connecticut Public Interest Law Journal, Vol. 3, 2004.
[8] Michael Kittner, Thomas Kohler, "Conditioning Expectations: The Protection of the Em-ployment Bond in German and American Law," Comparative Labor Law & Policy Journal, Vol. 21, 2000.
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