经济补偿劳动争议常见问题的法律解析（Legal analysis of common problems in economic compensation labor disputes）.docVIP

经济补偿劳动争议常见问题的法律解析（Legal analysis of common problems in economic compensation labor disputes） Economic compensation, that is, the dissolution or termination of the labor contract, the employer under statutory conditions to pay wages according to statutory standards, the state is assigned to the employing units of the statutory obligations. Chinas labor contract law to pay economic compensation to the employer, the legislative intent is to require the employer to undertake social responsibility, which must pay economic compensation to the employer, in order to help the workers to maintain basic living in unemployment stage, as the standard of living fell sharply, while maintaining social stability, to form a good atmosphere of social assistance. The economic compensation case occupies a considerable proportion in the labor dispute cases, in practice in the process of economic compensation in the case also has a lot of problems, the author according to the relevant laws and regulations and their practical experience in dealing with economic compensation in the case, analyzes on some problems related to the economic compensation in practice hope to be helpful to readers. Question 1. How should the burden of proof be assigned when the labor contract is terminated and the contract expires without renewing the contract? According to the provisions of the labor contract law forty-sixth article fifth, in addition to the employer to maintain or improve the conditions to renew the labor contract labor contract, laborer does not agree to renew the case, fixed term labor contract expire, the employer shall pay economic compensation to the laborer. In the premise of the employer to maintain or improve the conditions of the labor contract, labor contract renewal as there are two possibilities, one is the employer and the employee is willing to renew, but no one is willing to workers; workers are willing to renew, but the employer does not agree. But in practice, in this dispute, o