用人单位对经济补偿金的不当规避及其防范

Countermeasures Against the Employer Units Unjustly Evasion Economic Compensation

我国劳动法对用人单位在解除劳动合同时应给予劳动者经济补偿的情形作了规定,但其规定尚 不完善,用人单位常采取订立短期限劳动合同、滥用即时解除权、诱使劳动者主动辞职等手段规 避经济补偿金的支付,损害劳动者的合法权益。对此,应剖析用人单位不当规避经济补偿金的方 式和现行立法的缺陷,找出相应的防范对策。

There are regulations in the Labour Law about which conditions that the employer units should pay e conomic compensation for termination of the labour contract, but the regulations aren't perfected. The employer units often evade paying economic compensation by short- term labour contract, abusing their privilege of dismissal, seducing employee resignation, etc. In order to protect the employees lawful rights and interesting, we should find the countermeasures against the employer units unjustly evasion economic compensation.