The Study On The Potence Determination Of The Procedural Flaws Of Regulations Stipulated By Employer

The regulations stipulated in accordance with the law by the employer is a systemof rules,that provides how to organize labor management and the regulations of laborrights and obligations of workers. Employer is always at the price of the interests ofworkers when stipulates the regulations because of its nature self-interest. Manycountries also China,have made some restrictions on regulations stipulated byemployer,in order to safeguard the legitimate rights and interests of employees. It saysthat content elements and procedural elements must be met when employer formulatingregulations. The regulations stipulated by employer is invalid when regulationsstipulated by the employer in violation of content elements. Is the regulations stipulatedby employing unit certainly invalid, if it only in violation of the procedure elements thatfixed by Labor contract law. This article will study on the potence determination of theprocedural flaws of regulations stipulated by employer, as there still disputes in thetheory and at judicial practice in our country at present.The article is divided into four parts, except the introduction and conclusion:Part one is the analysis to the meaning of the potence of the procedural flaws ofregulations stipulated by employer. It contains the meaning of regulations stipulated byemployer,decision procedures,decision procedural flaws and the potence of theprocedural flaws of regulations stipulated by employer.Part two is the analysis to the disputes of the potence of the procedural flaws ofregulations stipulated by employer,in the view of the theory and judicial practice inChina.Part three is analysis legislation status of the potence of the procedural flaws ofregulations stipulated by employer.And it compares the different provisions.Part four is analysis the property and institutional interests of the procedures of regulations stipulated by employer. And reach a conclusion that it is not equal to invalidif the procedures of regulations stipulated by employer consist flaws.