The Legal Effectiveness Of The Employer's Labor Rules And Regulations

China's legislation on the rules and regulationsof the labor are too broad,andshort of the collective negotiatingpower,lack of coordination mechanismof administrative supervisions make employing unites' labor provisions and regulations content is often more "self willed" and rough.Due to the effect of the rules and regulations of the labor,dispute cases are also considerable,and the legislative defects lead to different standards ofjudicial adjudication.The good operation of the employing unit,can not be separated from a set of practical labor rules and regulations.Legislation of the labor rules and regulations can balance the interests of both the employees and the employers,and builda harmonious labor relationship,so as to promote the construction of a harmonious society.So,what is the labor rules and regulations? What are the effective elements ofthe labor rules and regulations? Based on the study of the aforementioned problems,this paper puts an analysis on the problems existing in the current legal provisions of our country,andtakes out some constructive suggestions related to the legislative constructions on the labor rules and regulations.This paper contains four parts,and the main contents are as follows:The first part is the present situationof the legislation of the employer's labor rules and regulations in our country.The introduction and analysis are carried out from two aspects: firstly,theanalysis of the concept of labor rules and regulations,there are different understandings of scholars and experts,not a standard definition.After that,the author gives her own point,that is labor rules and regulations should have the basic elements.The labor rules and regulations,laborcontract,collective contract and labor laws related concepts are compared and analyzed.Secondly,there is a detailed analysis aboutthe present situationof the legislation of the labor rules and regulations in our country.The provisions of laws,administrative regulations,departmentalrules,local documents in all parts of China on the legal effect of the labor rules and regulations,combiningwith the judicial cases and practice,the paper focuses on the defects of the labor rules and regulations in China.The second part is the precondition of the legal effectiveness of the employer's labor rules and regulations: legal nature.In this paper,the theories about the legal nature of labor rules and regulations are introduced,and analyze the advantages and disadvantages of each theory.On the basis of foregoing,theauthor's opinion on the legal nature of the labor regulations in China is "the related theory of basis dichotomy".The third part is the effective elements of the employer's labor rules and regulations.The author thinks thatthe effective elements of the employer's labor rules and regulations should include “legal subject,legal content and legal procedure”.After analyzing the necessity and feasibility of the administrative record,the labor rules and regulations should be filed within a certain period of time after the publication,otherwise,the employers should bear administrative responsibilities and unfavorable consequences.The fourth part is the improving suggestions of the employer's labor rules and regulations in our country.We should improve form four aspects: first,thesubject must be a highest decision-making body.Second,refining the content and scope of the employer's labor rules and regulations,especiallythe content of punishment right should beregulated,including thecontents,principles and prescriptions.Third,improving the rule making procedures and publicity proceduresof the employer's labor rules and regulations,toensure the breadth and depth of democratic participation in the process of development.Fourth,strengthening the administrative supervision of the employer's labor rulesand regulations,improving theadministrative filing,in order to strengthen the administrative guidance and coordination function.Ifemploying unitsdo not file within the period prescribed by law,refuse to make or formulate labor rules and regulationsillegally,they must take the administrative responsibility.