Research On The Application Of Labor Rules And Regulations Of The Employer

Labor relations employee and the employer in the labor process to establish asocio-economic relations, economic reform, policy and law changes have a veryprofound impact on it. With the increase of China’s state-owned enterprises reform,the rapid development of private enterprises, the influx of foreign-invested enterprisesand the establishment of freedom of labor mobility mechanisms, China’s laborrelations show the diversification of the type of clarity, the main interests of theconsultation of running market characteristics. In the course of development in theevolution of labor relations, labor relations of the labor relations of the plannedeconomy turn to a market economy transformation, labor relations in the interests of abody type of labor relations turn to the coordination of interests, and the regulation oflabor relations has been the government-controlled to market adjust the way graduallyinto the state of labor relations operation of the market to implement macro-control.Compared with Western countries, the coordination mechanism of labor relations inChina still has many deficiencies. These shortcomings lead to labor relations harmony,and coordination of efficiency is generally low. Therefore, accelerating the pace ofconstruction of the collective labor relations, coordination mechanisms have becomea very important part to improve the labor relations coordination mechanism.Now, the product of the combination of labor rules and regulations of theemploying unit within the business management rights and the democraticmanagement of workers the right to have been largely different from the people’straditional concept of “factory regulations”. It is no longer just the enterprise used toregulate employee behavior and productivity tools, while the transition for bothfunctions of the enterprise management and labor relations coordination functions ofa collective labor relations coordination mechanism and labor regulations as a publican effective complement to the way of power and labor contracts and otheradjustments, the balance of the interests of both labor relations also play an important role. In particular, labor regulations on labor relations balance the interests between amore prominent role in the promulgation and implementation of the "Labor ContractLaw"."Labor Contract Law" provides for the employee and the employer of laborregulations in consultation with the interests of workers directly related to the contentof "codetermination system, although this requirement in the academic communityhas aroused considerable controversy, and in the concrete operational level there is nomore detailed introduction of the relevant provisions, but it is undeniable that in thelong run, changes in the tendency of such legislation should be a very useful attempt.The changes will not only help protect the legitimate rights, but also help to enhancecohesion and promote the healthy and orderly development of labor relations norms,and build a harmonious and stable labor relations is of great significance.based on case studies to explore the employer under the existing legal regulationapplicable labor regulations governing workers. Some of the feasibility ofrecommendations designed to ensure that the employer can reasonable and legitimateto develop and use of labor regulations on the operational level. Finally, both can playa normative order, and promote the fundamental role of business production, but alsoto take into account the interests of workers and reduce the production of labordisputes.The article is divided into three parts: the first part, first the concept of rules andregulations of the employing unit to do a simple comb. There is no uniformunderstanding of this concept. The article is selected from a different perspectivesome of the more representative view, then compared by the concept of adoption andcollective contracts, labor discipline and labor laws and regulations, we should aim atclarifying the labor regulations the connotation and extension of the system. Then, thechapter highlights the legal nature of the doctrine of the several rules and regulationson labor and doctrine do a brief assessment. The assessment on “legal norms” and“contract”explore the source of the legal effect of the rules and regulations on labor.In the second part, we will discuss the elements of the legitimacy of the employer forthe labor regulations. According to the provisions of our existing laws and regulationson labor regulations, combined with the view of Professor Wang QuanXing in a bookof the "Labor Law", the paper considers the legitimacy of the rules and regulations on labor elements include: development of the main legal; legitimate content; legalprocedures. In terms of content, we should clarify the applicable substantive standardof clear rules and regulations on labor, that labor regulations may provide content aswell as the rules and regulations on labor prohibition to be clearly defined. Provisionsnot contrary to the fundamental rights of citizens, as well as the content of themandatory provisions contrary to the laws and regulations in the labor regulations, theprovisions of labor discipline and labor regulations should also be limited. Legalprocedures described democratic participation in rulemaking procedures, regulations,public notice procedures, and disciplinary punishment program. Democraticparticipation procedures and publicity program is an integral part of programelements. In the third part, some improvement suggestions should be made for theapplicable labor rules and regulations for staff management. Program for employees’democratic participation, we need to determine the extent of employees to participatein; on labor regulations applicable to the recommendations of the building, tostrengthen the supervisory role of trade unions and the establishment of alliedagencies to deal with discipline and disciplinary matters; we should propose use ofmore humane approach to discipline workers for management of staff in theenterprise regard.