Discussion Of Legislation On Labor Regulations

As the direct foundation for managing employees, the labor regulation is closely relatedto workers’ interests and rights as well, which restrains rights and obligations on bothemployers and employees, not only maintain the order of production and operation, enhanceworking efficiency, what’s more, promote health development of business unit and buildharmonious labor relations. However, what’s essential of labor regulation? What’s the legalnature and legal effect of labor regulation? How to construct and perfect it? There are noclear regulations and defined of such questions neither on the existing labor legislation noragreements in academic department. Therefore, it is indispensability to ponder laborregulation system rationally and comprehensively.There are three parts of this thesis coming up with the following specific contents:The first part introduces the basic theory of labor regulation such as the concept and thecharacteristic, then it analyzes and disproves the nature theory on labor regulation, on thisdispute, the author insists that the nature of labor regulation is certain self-government inregulating the jural relationship of labor, which should be invoked as a source of labor lawswhen dealing with labor disputes. Accordingly, expounding the significance and function oflabor regulation, first of all, to recognize and protect the autonomy of enterprises andemployment, stipulating the enterprises behaved as well, the work rules should be established;secondly, employees’ labor right could be effectively guaranteed while their rights andobligations clarified in labor regulation; last but not the least, from the perspective ofprotecting the interests of workers, developing and consummating labor regulation to preventlabor disputes and establish harmonious labor relations.To pinpoint the route shift from internal work rules to labor regulation of the employerand clarify the importance of labor regulation in industrial relation system further, part twowidens the research and discussion by introducing the legislative models of labor regulationin China from planned economy system era to the age of market economy. According to thetransition path, the author points out and illustrate main problems such as illegal of laborregulation content itself, ambiguous adjusting range and making labor regulation without dueprocess of law, abusing employers’ power of penalty, which commonly exist in laborregulations nowadays. On the basis of foregoing, compared with the status in quo of labor legal system, partthree brings forward the author’s opinion on constructing new legal system of labor regulationis quite essential for solving the above problems. From the macro-level, the principle oflegality and the principle of rationality should be established to conduct and regulateemployers formulating labor regulation. At the legislative level, various measures should beadopted to govern the content and adjustable range of labor regulation, develop andimplement due procedures in establishing labor regulation.