Research On The System Of Labor Regulations

Labor Regulations is a code of conduct, which has a major impact on both sides'rights and obligations. In China, the depth theoretical study to the system of Labor Regulations is not far enough, the law stipulated confusion and scattered, operability is not strong, and a lot of problems appear during practice. Employers often take advantage of its superior position to formulate or implement the regulations with a prominent manner, and through unauthorized change the Labor Regulations to dismiss the workers which directly or indirectly reach their goal attract a lot of disputes. Establish harmonious Labor Relations, urgent need the enterprises to integrity the dismissal of the Labor Regulations, so the internal labor relations in the enterprises will be institutionalized and standardized.This thesis consists of four parts:In the opening chapter, firstly define the concept of Labor Regulations. Labor Regulations in some countries called Employment Regulations, Working Regulations or Employment Rules etc, is refers to the employers legally formulated and carried out as a management of the labor rules. Exist as a standard, with its own characteristics and functions, the four legislative models of Labor Regulations are: Authorization Legislation, Authorized Restrictive Legislation, Combination of Rights- obligations Legislation, and the Outline Legislation. By comparing the four models'own characteristics, advantages and disadvantages, and combining our country's practice, we believe that the proper model for us to take is the Combination of Rights–obligations Legislation. Employers establish the Labor Regulations, on the one hand, it's the rights for the employers to the workers, that is, the employers'employment rights and the operating rights must contain the rights to establish the Labor Regulations; on the other hand, it is also the obligations of employers to the country, that is, employers must establish internal Labor Regulations as the main mode to perform the employment rights and the operating rights. Secondly, there is always a dispute about the Labor Regulations nature in educational world. Integrated among mainstream viewpoints, roughly following categories: First, the Contract Standard, and it can also be divided into: Pure Contract, Fact-habit and Labor Contracts Annex. Second, the Law Regulations is divided into Operation, Authorized by Law and Customary Law. Third, Other Theories, including: Two-parts and Collective Desired. China's legislative experience consider though the Labor Regulations regarded as a factory regulations or factory "law" but it is not law, only from the legal validity of the grant. Various theories have their sayings and reasons, we can not deny all of them. But should be more concerned on their shortcomings; critically assimilate its rational cores. About Labor Regulations'nature, the author tends to Labor Contracts Annex. It advocates the Labor Regulations is a standard contract the same as format one. As talking working conditions with laborers individually makes the procedures complicated, in order to save the costs, Labor Regulations as a form contract is brought into being. The reason is: Labor Regulations in the form of feature articles format, prepared in advance by the employing units. Make the individual contracts common content systematized and stereotyping.The second chapter, analyses the legitimate elements of the Labor Regulations. Main body, content and procedure must comply with the legal requirement of the Labor Regulations. This is a general requirement of the Labor Regulations, as well as the bottom level. In addition, the author reckons that the formulation of main element of Labor Regulations must have workers attendance; pay attention to the content cooperate with the labor contracts and collective contracts, in order to avoid conflict, workers as the members of employers have the rights to participate in the formulation of Labor Regulations and supervise the employing company, that is, workers should become one of the main force in the formulation of Labor Regulations. In order to prevent the unlawful Labor Regulations create excuses for abusing rights to dismiss, if workers intervene in the early stage of draw up the Labor Regulations, prevent the enterprise abusing rights ahead of the formulation stage, it can achieve a very well prevention. Workers enter the formulating Labor Regulations makes a reasonable limit for employing enterprises'operation, does not cause any operating violation. Because Labor Regulations are rights and obligations'regulations will inevitably lead to conflicts of law. Clear Labor Regulations, labor contracts and collective contracts different levels of main body and effect, so it functions in harmony with each other and complement each other. The collective contract item as a minimum standard of protection limits of Labor Regulations. Labor contract is signed individual by workers and employers, its content can break the stimulation in Labor Regulations and the collective contracts, but it should be more beneficial to the workers as a prerequisite. In the formulation of employers'Labor Regulations, we must operate under respect of the labor contracts and collective contracts as the premise.The third chapter conducts a comprehensive analysis of the dismissal of Labor Regulations. This chapter is divided into two levels. First, according to Labor Regulations employers to dismiss is an important type of dismissal, dismissal should comply with the general law. As to whether the employers'dismissal is strictly according to the regulations, there is dispute between freedom dismissal and protective dismissal. Briefly representatives the French dismissal protection system, according to practical and serious reasons, through case dismissed continually enriched the system. By borrowing the general legal principle from the developed countries, guide the competence level of our dismissal. Following the dismissal of protectionism, the dismissal should base on Labor Regulations which comply with the dismissal of protectionism. Secondly, discuss the dismissal based on the Labor Regulations. The author explains in four levels. First, according to Labor Regulations dismissed as one of disciplinary dismissal, it should have the nature of dismissible disciplinary. That is, the basis for dismissal according to Labor Regulations only after a comprehensive review of the law will have legitimacy. Second, if the employing units maintain order in the formulation of Labor Regulations and explanations were monopolized, make a strong "social power"for the employers, enterprises to maintain order will become synonymous with the interests of the employing units, and deepen labor relations inequality. Employing units illegally formulated Labor Regulations, abuse rights to dismiss employees will definitely pose significant harm to the workers rights, and this is the most direct and lethal infringement for the laborers, it will be a direct threat to the laborers survival and development rights. Therefore, the need to make the dismissal of Labor Regulations operation in accordance with the Labor Law and Order make it subject to reasonable regulation. Thirdly, the judgment according to the interests of Labor Regulations is not to dismiss the legal effect of the judgment plus "reasonable judgment" restriction. "Rational judgment" is a comprehensive judgment, and it comprehensively compares the "need for change" with "changes in the level of interest arising from ". In connection with "other sectors'actual situation" and "the consultations with the workers or the unions.", meanwhile, considering proportionality as a dismissible behavior, that is, the principle of considerable punishment dismissed it. In the process of disciplinary dismissal, workers should be provided appropriate procedural safeguards. Fourth, if an enterprise labor's right exists in accordance with the Labor Regulations, it should be part of the Labor Standards System, structured from the Labor Law. Employers have no absolute rights according to the formation of Dismissal Labor Regulations, formatted Labor Regulations whether justified or not, apart from the government supervision, also subjected to judicial examination. Judge's review is based on the following principles: highest law to identify priority, labor contracts reservations, clear principles, the principle of last resort, employers'comprehensive review of the principles and the principle of the burden of proof.Law is the interests'balance, the fourth chapter will specify the inadequate of the existing law, attempt to sort within the existing legal framework ,from the formulation of regulations subject, content, responsibility, democracy procedures, the filing system and publicity six aspects to disciplinary dismissal system and related legislation. Hope will benefit both in improving relative system and the smooth solution of the problem.Any depth-exploration theory on Labor Regulations will push the development of China's Labor Law, and it has a positive effect on perfect our legal system.