Discussion On Legal Nature On Legislative Modes For The Employers

Work rules, labor contracts and collective contracts are the different foundations and instruments to guarantee the labor rights and responsibilities, harmonize the labor relationships between two parties. But based on different theoretically understanding on the nature of legislative modes, meanwhile those debates also alone with The Law of Labor Contracts, series understanding and actions are relating to the legislative mode related theories and operations.This thesis is composed by five parts including the preface and the epilogue. The object matters of each part are as follows:The Preface part starts from the classification and definition of such related conceptions as the work rules, labor contracts, collective contracts and labor disciplines, differences and relations as well. Then it points out that there are still some confusions and basic issues in virtue of the shortage expressed academic guidance during the period of lawmaking of The Law of Labor Contracts. While because lack of right positioning for the legal natures of legislative mode, after The Law of Labor Contracts published, such kind of situation further results in the irregularity of provisions at the central legislation and the regional judicial authorities.To clarify these confusions, Chapter One introduces, analyzes and disproves, one by one, such theories as Pure Agreement Theory, De facto Practice Theory and Adhesion Contract Theory, as well as Theory of Management Power, Theory of Practice Law and Theory of Law Authorization and the related Theory of Basis Dichotomy and Theory of Collective Acceptability. On the basis of foregoing, Chapter Two brings forward the author`s opinion on the legal nature of the work rules of the employers, namely the Theory of Conditional Law Rules. Unless the development of democratic procedures, publicity and content is not illegal, the legal rules and regulations can be used. While dealing with rules and regulations, labor contracts and collective contracts, we should accord to the principle that prior to laborer. Laborer has obligations of obeying to those rules and regulations without the legal norms, which equivalent to professional morality. There are a lot of words that comparing the Theory of Conditional Law Rules with other theories, especially in the problems which other theories can`t explain and offer the explanation which agree to the Theory of Conditional Law Rules.In the third chapter by introducing the relevant rules and regulations of foreign legislation, the author introduce that respective obligations of the rules and regulations are related to the number of laborers, the development rights, establish procedures, content, publicity, administrative rules, work and regulations rules, labor contracts and collective contracts. What`s more, the author gave some recommendations which based on these description and analysis, that also supports the author`s idea.At the end of thesis, the core point is emphasized and reaffirmed by the author in order to provide some reference to the pertinent contents of the work rules during the lawmaking of our country`s Labor Contract.