Study On The Effective Elements Of Enterprise Labor Regulations

Labor regulations are pretty special in the whole labor law system.As thestandard to judge whether a labor regulation is valid or not,the effective elements oflabor regulations are extremely important in labor law system.The current effectiveelements of labor regulations in China which respect the employer’s choice whilealso protect the employee predominantly was founded on the basis of LaborLaw(1994) and Labor Contract Law(2008).The main theme of the effective elementsin labor regulations includes “legal subject,legal content and legal procedure”.However,due to the lack of maneuverability,labor regulations don’t protect employeeswell. Instead, employers have more choices. Most scholars focus on the study oflabor regulations’ legal nature and few people study the effective elements of laborregulations. In fact, the latter is more important in the real world.therefore, the paperanalyzes the effective elements of labor regulations on the premise of studying theirlegal nature and legislation model.Then the paper raises problems hidden in currentlabor regulations and propose solutions to the problems.The paper is divided into four parts. In the first part, the paper introduces anddiscusses scholars’ main opinions about the legal nature of labor regulations,concluding that the labor regulations belong to employers’“directing power” whichare limited to the range of labor prestation. Then the paper states foreign countries’legislation model of labor regulations. From that statement, the paper comes to aconclusion, that is, the aim of various legal model is to limit employers’ right to setthe standard. Comparing with foreign countries’ legislation model, the paper turns tothe current legislation model of labor regulations in China and points out that thecurrent legislation model in China surpasses its actual conditions. As a consequence,labor regulations’ outer form is different from its essence. By studying laborregulations’ legal nature and the legislation model of foreign countries, the papersummarizes labor regulations’ effective elements which should include “subject,content and procedure”.subject, content and procedure are studied respectively in the following second part, the third part and the fourth part. In the second part, the authorillustrates the labor regulations in China and holds that only legal subject is regulizedin labor law. Employees’right of making decisions is ignored. What’s worse,theindeterminacy of inner authorities leads to employers’mismanagement andinefficiency.In the third part, the paper analyzes labor regulations’ content element.The content of labor regulations can’t break labor contract and collective contract.The problem is that employers make rules as they want. Additionally, there is nostandard to judge whether the rules employers make are illegal or not in law. In thefourth part, the paper illustrates the procedure element of labor regulations, likeformulation procedure, filing procedure, public announcements procedure, etc andtable a proposal to the procedure element.