Breakthrough Of The Difficulties In Legality Of Labor Regulations

Labor rules and regulations of the law within the enterprise, standardize the enterprise’s rights and obligations of workers, legal and effective business labor rules and regulations is the "Labor Contract Law" extension in the enterprise and concrete manifestation of the law.2008 new "Labor Contract Law "stipulates that the enterprises should be developed in accordance with democratic procedures, rules and regulations of corporate labor, the old labor regulations is not a small business the impact of changes in the past companies have "self-determination", gives the majority of workers in the enterprise labor rules and regulations established "A total of voting rights." Constraints in the new labor law, companies began to actively seek to establish working relationships and effective way of equal consultation diameter, and strive with the "Labor Contract Law" synchronization, and establish effective cooperation of the Labor rules and regulations of the law. However, in this process, production enterprises and workers in the labor regulations had on the validity of many disputes can not be foreseen, these disputes reflected in the division enterprises often face litigation law courts to act on the basis of its business the key to the effectiveness of the labor rules and regulations reviewed by the law is not specific, the program is imperfect, corporate labor regulations are often held invalid by a court to revoke the basis to the disposition of labor regulations and the appropriate referee companies to give workers financial compensation.Crux of the problem is the legality of Labor regulations. Business under the new labor law through the democratic process to work outLabor regulations in the labor action by the court is still not recognized as valid. This article discusses the prices that we industry rules and regulations of the legality of labor dilemma. in this paper, the concept of law approach, building legality of Labor rules and regulations of the theoretical framework, the logical argument from the company legality of labor rules and regulations necessary and important. Scholars will present research results and analysis of sorting out the basis to the studies hold the starting point, the "rules and regulations of the United Labor Legal Dilemma" as a special issue made clear, knot the case of joint analysis of judicial practice, the use of syllogistic logic to find the root cause problems, a logical approach to the former legislators provide, through empirical analysis to identify the companies develop rules and regulations of the legality of labor the source of trouble, using the norms of Law method described legality of Labor rules and regulations content, try to make the economy with Chinese characteristics, labor rules and regulations under the environment legality theory building, and trying to find a way to lead the company out of the woods, rules and regulations will be completed Labor good. By reference to the judiciary the judicial typical case, to analyze the focus of the case, at the macro level in the present judicial practice the relevant rules and regulations of the legality of Labor issues arising. Contrast the use of comparative law method of labor and foreign companies legislative status of rules and regulations, pointing out that foreign companies develop a more comprehensive rules and regulations of the legislative advantage, process rigor, combined with labor rules and regulations of their own national conditions of legality source of difficulties arising from defects in the upper and procedures missing Legislation two main aspects.Logical order according to the plight of first proposed solution to the problem of legislation should be improved from the start. Proposed legislation should be equal protection from the legitimate rights and interests of enterprises and workers starting the legislative intent, such as Japan and Taiwan with reference to relevant laws and regulations of labor within the enterprise Yung-specific, for example, which may provide for the necessary items recorded, which was recorded relative to matters of record and any other matters to be listed lift; to list the way, clear rules and regulations of the employing unit labor main content, both to ensure the employer of labor regulations in developing chapter systems autonomy, while guiding the employer to develop rigorous, standardized, improved work rules and regulations, thus help regulate the employer’s internal labor management, to improve their labor productivity, and protecting the legal rights of workers play a positive effect. The second part of the author proposes to clarify the provisions of national law in the form of the procedures and requirements as a precondition of the current Labor Regulations chapter rational system development process building. Degree of democratic procedures mainly include clear and specific, the importance of publicity programs, how to publicity, publicity, and publicity of the legal presumption identified. Finally, the author proposed solution strategy proposed in the article return the problem of judicial cases to prove that theory is practical.