Study On The Validity Of Labor Rules And Regulations Of Enterprise

The enterprise labor regulations and rules are formulated and changed unilaterally by the enterprise,which will lead to lots of problems inevitably including theoretical and practical level.Theoretically,the enterprise is not the legislative body,why do the enterprise labor regulation and rules drafted by the unilateral party have the legal effectiveness which can restrain the workers?Where is the legal basis?Practically,as the enterprise owns the means of production,it is in the absolute advantage position related to laborers.How to balance the beneficial conflict between the enterprise and workers,how to protect the legal benefits of the vulnerable laborers?There is no wonder that it is unfair that the enterprise has the right to dominate the labor regulation and rules.The benefits of laborers are seriously trampled in practical.All of the problems need to be solved without delay.In view of this,the paper will base on the several key points above and expound my lemmas from the following aspects.The first chapter mostly probes the source of effectiveness of enterprise labor regulation and rules.firstly introduces several mainstream opinions of academic at the moment simply and give a brief comment,then the paper holds that the clause of labor regulation and rules should consider whether it is related to the vital interests of workers.Lastly,the paper demonstrates the excellence of the "two points" in detail from theoretical and legislative level on the basis of learning from the best of the aforementioned views.The second chapter chiefly solves the affirmance of effectiveness of labor regulation and rules.The contents of this part consists of formulating body,the contents of regulation and rules,formulating procedure according to the logical starting point.It will analyze the positive condition and negative legal consequence.The third chapter analyzes the effectiveness of the performance of labor regulations and rules. This chapter bases on the contract validity and effectiveness of referees angles, firstly analyzes the effectiveness of enterprise labor rules and regulations of both the performance of the contract and the legal liability for breach of Labor regulations, which focuses on the disciplinary authority of the enterprise. Then distinguishes arbitration bodies and judiciary to discourse the referee effectiveness.The fourth chapter puts emphasis on the conflicts among the enterprise labor regulation and rules,labor contract and collective contract.Firstly compares similarities and differences among them,then brings forward the effective conflicts.Lastly puts forward corresponding solutions.