Legal Analysis On Work Rules

As a unique system in the labor field, work rules are stipulated by the labour legislation of nations to varying degrees. China's Labor Law 1994 and Labor Contract Law 2007 clearly defined the system, but there are many imperfections. The theoretical study of this issue is still in its early stages, however, in practice, the labor disputes caused by application of work rules are not uncommon. Based on this, the analysis and research about the system, both in theory and in practice, are of great value and significance.This thesis begins with the legal nature of work rules, combined with legislative experience related abroad and the concrete provisions of our country, points out a lot of deficiencies of our work rules by using the means of comparative analysis and literature analysis. So, on the basis of that, the author puts forward a number of practical countermeasures in order to perfect our work rules.This thesis is divided into four sections in addition to the preface and the conclusion. The primary contents are as follows.The first section is an overview of work rules. In order to analyse work rules deep and thoroughly, firstly, the author starts from the basic problems.Then, she expatiates on work rules in three aspects such as the theoretical interpretation, the external characteristics and the historical evolution in our country. With the transformation from planned economy to market economy, China's work rules are gone from disorder to regulate, from a strong administrative discretion to the development of the enterprise change process.The second section is the legal nature and the legislative models of work rules. In the first instance, The author elaborates various of academic theories and analyzes the advantages and disadvantages one by one. On this basis, the author puts forward her own point of view—he legal nature of work rules is Standard Contract, what is more, she analyzes her view from the form of expression, the relationship with the labor contract and laying particular emphasis on workers. Then, the author states the legislative models of work rules and reaches a conclusion that China should choose the limited rights-conferring legislative model.The third section is the current provisions and shortcomings of work rules. This section particularizes the imperfections of our current work rules in four aspects, such as the enacting subject, the regulated contents, the monitoring program and the deficiency of "Adverse Alteration". For the "Adverse Alteration" issue, as China's current laws and regulations have not yet provided, so the author describes the necessity of putting it into the labor law system.The fourth section is the way of perfecting work rules. This section, which is correspondence with the third section, pointing at the above questions, under the premise of the legislation of other advanced countries and regions, puts forward some practical strategies so as to perfect our work rules. The section reviews the work rules in other countries in order to set an example for establishing and perfecting our current system.