Work Rules Of Labor Law

After the WWII, along with advance of science and technology, the relationbetween the labor and the capital has been obviously of variety. That obviousrelations called The Ranks Stand Opposite have downplayed, and been taken place bya kind of state called The Social Partners. On the settlement of the labor relations'problem, the country would like to authorize the labor and the capital as partners totake charge of it through a way called the Social Autonomy Administration. It is thevery point to take part in and make the agreement on the development of labor law.The national compulsion just stands for the lowest level to be used as the basis of thelaw relation contents of the labor and the capital that make it together.Under the background, taking this new development of labor law under the newsocial relations as background, the following text would analyze the rules of labor lawon some aspects including the law kind, the legal effect, the important documents tomake effective rules, the labor law (or called the labor norm law), the labor contractand collectivity contract. And the analyzing use the research productions of Japan andTaiwan for reference, and the understanding on the work rule from our academia. Itstresses on the directing and punish power of the employers. At last, using theoverseas rules for reference, it aims at the shortcoming of our rules and brings somesuggestions on the consummating of our nation's correlative system.This text is divided into totally six parts:The first part is the definition analysis of work rules. It analysizes the meaning ofthe work rules on three aspects of the maker of rules, the contents of rules and theruling object. And also it expounds the reason why the work rules have laweffectiveness and its function .All these can make a better understand for thefollowing text.The second part, also the keystone of the text, is the analysis of the quality ofwork rule. It starts with different theories of Taiwan and Mainland on the work rules,and then figures out the advantages and the shortages of them. Finally it comes thenew understanding on the quality on the directing and punish power.The third part is the analysis, which is established in the status quo, of the actualmain provisions and the being problem of labor law system used by the employers inour country. It brings the shortage of our provisions of work rules.The fourth part is the analysis of the difference between the work rules and thecollectivity contract, the labor contract and labor law. It brings the existence meaningand special function of the work rules.The fifth part is the analysis of constituting and changing of the work rules fromthe view of the justice of process. It stresses the necessary conditions of makingeffective work rules, the law supervision and relief on making work rules and theconsummating of protection on the workers' rights and interests.The sixth part is some suggestion on consummating the lawmaking of our workrules on the basis of the above contents.The last part is the ending part of the text.