Study On The Effectiveness Of Labor Regulations

As an effective rule of coordinating labor relations, Labor regulations of the employer play an important role in establishing and maintaining internal order, clearing rights and obligations of both sides of labor relations, and promoting labor relations more and more harmonious and stable. Valid rules and regulations are binding for the employer and all employees, but what is the legitimacy of the employers develop labor regulations? Where does the binding of labor regulations come from? What are the force elements of labor regulations? How to identify its effectiveness? The answers to these questions in current academic circles are divergent, the theoretical research is not systematic, and there are few monographs; And the provisions of labor legislation of the above questions are not clear and comprehensive, making a lack of a clear and unified basis in handling of labor dispute cases in the judicial practice, leading to inconsistent judicial decisions. Based on the above considerations, I summarize the research results of previous scholars, learn from the legislation and practical experience of developed countries and regions with the use of theory with practice and comparative analysis, and I try to do a more comprehensive analysis to issues related to the effect of Labor regulations.This article is divided into three parts: introduction, body and conclusion, and the body part are including four chapters.Chapter I is the legitimacy analysis of the development of labor regulations for employers. This chapter first defines and analyzes the labor regulations and related concepts; then explains the legitimacy of the development of labor regulations for employers from two angles: one is the rights and obligations of employers, and the other is the need for enterprises to achieve operational autonomy.Chapter II explores the source of the effect of labor regulations. This chapter first introduces the mainstream theories in the current academic on the source of the effect of labor regulations, and then analyzes the various theories, and points that I prefer the Standard Terms theory, and I think that the effect of labor regulations comes from the labor contract as its annex or Standard Terms, and finally describes several reasons why I support the doctrine.Chapter III summarizes the performance of the effect of labor regulations. This chapter first explains the scope of the effect of labor regulations from three aspects: the effect on human, space effect and time effect; and then analyzes the level of effectiveness of labor regulations, labor contracts and collective contracts.Chapter IV is the confirmation of the effectiveness of labor regulations. Based on the discussion on the source, the scope and the level of the effectiveness of labor regulations in the previous chapters, this chapter focuses on the regulation of its effect. First I introduce and analyze the relevant provisions of the typically foreign labor legislation, on this basis, focuses on the force elements of labor regulations which it should have, they include a proper subject, legitimate and reasonable content and legal procedures. And in which I analyze the decision-making process of the develop procedures of labor regulations with plenty of ink, to analyze whether the program is "a single decision model "or "total resolution model". Then I make a tentative study on how to regulate the effect of labor regulations.