论劳动合同违约责任

Study on the Liability for the Breach of Labor Contract

劳动合同违约责任属于民事责任中的违约责任。运用违约责任的基本原理着重分析了劳动合同违约责任的一些基础性问题,即劳动合同违约责任的概念与特征、归责原则等。结合我国目前的劳动就业状况,尤其是在《劳动合同法》立法之时,对这些基础性问题的深入研究更是有很强的现实意义。

The labor contract is a special form of the civil contract, as a result the liability for the breach of labor contract belongs to the civil liability for the breach. On this foundation, primarily the basic principle of the liability for the breach of contracts was used to analyze some basic problems of the liability for the breach of labor contracts, such as the concept, the sort, the imputation principle. According to our country＇ present employment state and the legislation of ＂the labor contract law ＂, it is of great realistic significance to dig into these basic problems.