Research On The Regulations And Rule Of Employer

Nowadays labor relations between different features has changed significantly from administrative characteristics into interest-oriented and market-oriented characteristics along with the deepening reform and open up ,ownership conversion of the state-owned enterprises ,growth of large amount of private and individual enterprises and cross-flow of external labors together with some other comprehensive factors. Under these changing circumstances, conflictions between employer and employee has been more and more intensive . Labor dispute has been witnessed a continuous upward trend of which some are caused by unlawful and unreasonable internal regulations of the employers. In recent years , Employers sued and lost and a large number of facts have proven that: some terms of internal labor rules and regulations runs counter to the protection of workers' legitimate rights which arise more importance of reasonable internal labor rules ,not only enhance working efficiency ,what's more, promote healthy development of business units and build harmonious labor relations.I have been engaged in management for years. According to the real existence of imperfect legislation and other problems of employer rules and regulations and what I have accumulated from daily operation, I hereby discuss on how to develop internal labor rules in accordance with the law.First, analysis on legitimacy and rationality of internal labor rules.Clearly define internal rules and regulations operation standard of the enterprise aiming to build up and maintain internal order and harmonious labor relations. For employers, is to exercise its operation autonomy, from the perspective of the protection of the interests of workers, the law also stipulates that enterprises have the obligation to develop legal rules and regulations; For the workers, is to not only bound their internal labor discipline, but also enjoy basis of statutory working conditions and treatment.The development of internal rules and regulations is not only employers' rights but also obligations, to add and specify the labor contract with more detailed terms. In addition, the rules and regulations can coordinate rights and obligations among all workers to avoid confliction in favor of the realization of their rights and obligations as well as to promote the unit to carry out scientific management, increase productivity. Development of internal rules and regulations is a necessary condition for the realization of management autonomy. As an independent economic entities in establishing modern enterprise system in the socialist market economy, enterprises enjoy independent HR management autonomy In accordance with the law and enjoy rights to make internal regulations according to the management needs which is objective requirement of developing the socialist market economy.Relations among regulations and labor contracts, group contracts and labor law. Definitions on labor conditions do exist in internal regulations, group contracts and labor law and are all major adjustment method and basis of internal labor relations and definition of rights and obligations from both parties. But there are essentially difference in issuer, purpose and content, elements of entry into force and range of effectiveness. Considering interest difference and constant content contradiction, I suggest define its effectiveness as follow: when labor's interests regulated in internal regulations and rules be less powerful than personal labor contract and group labor contract, personal labor contract and group labor contract prevails; When labor's interests regulated in internal regulations and rules be more powerful than personal labor contract and group labor contract, internal regulations and rules prevails.Second, analysis on nature and effectiveness of internal regulations and rules.As collected and analyzed by domestic and overseas scholars on nature of regulations, At present, nature theory on enterprise internal regulations can be divided into contract, legal norms, norms division, collective idea of which contract and collective idea are more popular. As to the nature of regulations, I believe internal regulations are in fact in the purpose of reunification of working conditions. Further compare real state of labor relations, It Has become a consensus and a habit behavior between employers and employees to regulate labor conditions in accordance with internal labor rules, this is also the reason it can restrict both parties. So, Labor rules and regulations are in the form of full compliance with the format's features, made in advance by the employer, systemized and shaped in form the common content from Individual labor contracts.Two main views are existing on effectiveness of internal regulations: one is that internal regulations are part of and attachment of labor contract has the same effect as long as labor contract is legitimate. The other is that internal rules have nature of regulations. As a social organization, enterprise has been awarded by country and law the rights to make internal regulations from its start date. I am inclined to the second point of view. As regulated in the Article IV of China's " Labor Contract Law", internal regulations should be approved by General Assembly on behalf of the workers when it direct relates to the vital interests of workers.Third, realistic analysis on formulation and implementation of internal rules and regulations.View from current state of legislation, there is no specific definitions on regulations issuers, content and issue procedures neither specialized labor laws in our country which result in to a certain extent violation between internal regulations and labor contracts and group contracts . Supervision and inspection on how to make internal regulations in accordance with law is somehow too brief, monitoring and adjustment of rules and regulations is lack of an effective set of legal norms. Also some problems do exist on what regulation-making policy to abide by, what content should be included, how to ensure that due process be observed as well as the responsibility of law-breaking and its implementation.The fourth, suggestions on how to make harmonious and legal rules and regulations.Internal regulations are the most direct basis to manage employees and are directly connect to the vital interests of employ. Currently in China, enterprises' internal management is a little bit confusing; some companies take advantage of the drilling imperfect laws to have made regulations seriously damaged the legitimate rights and interests of workers. At present, labor relations disputes and conflicts is quite most because of implementation of illegal internal regulations and no implementation of the provisions of the welfare benefits arising. The proper development and implementation of labor regulations is becoming an important part of scientific management of modern enterprise and is a new labor management issue of government.Hereby I suggest: 1, clearly define the legality of the elements of internal regulation-making. To formulate regulation issuers, content and implementation procedures into the management process of institutionalization, legalization and standardization. To guide employers on the establishment and improvement of internal labor management to reduce labor disputes and establish stable labor relations. 2, clear legal responsibility of employers. legal responsibility should be cleared that once employers make internal regulations not in accordance with the law on which basis dismissal of workers act null and assume of legal responsibility should be continued. If employees are not required to continue to carry out labor contracts or labor contracts can not continue to be carried out, employers should pay compensation. Meanwhile, the damage to the workers should be paid together with compensation in accordance with the law. I believe these two financial pay can co-exist. 3, Strengthen effective supervision on employers' labor regulations. Establish employers monitoring system to urge employers to be in strict accordance with the procedure laid down in laws and regulations called for the development of rules and regulations and at the same time introduce management standardization and institutionalization in treatment of labor law violation responsibilities. Seriously dispose employers who do not want to make internal labor regulations neither make illegal internal labor regulations, avoid any damage to the legitimate rights and interests of workers from the employers.