Unit Of Choose And Employ Persons Labor Contract Termination Right

The rules and regulations of the enterprise refers to the enterprise in accordance with the law enacted by democratic procedures, combined with the actual work of the enterprise, the enterprise staff constraints, organization of labor production and carry out effective management and a series of normative documents collectively. Termination of labor contract, labor contract is valid, before the conditions achieved yet, for some reason to make one party or both parties ahead of the end of a legal act of labor relations. Terminate the labor contracts of enterprises and employees has great influence, therefore, this paper takes the enterprise rules and regulations of the Employer from the perspective of labor contract to relieve the power, through the combination of the three true case for enterprises in the development and application of the rules and regulations in the process, with a brief analysis problems terminate the labor contract, the controversial the terms and contents of which regulation, then bring forward countermeasures to perfect, constructing the harmonious and stable development of the labor pattern.Firstly,analyses the existing defects of the procedure of enterprise rules and regulations as the basis to terminate the labor contract of the legal effect, the flaws of the rules and regulations of the enterprise, the validity of the rules how to identify? Combined with the concrete manifestation of Liu case analysis procedure defect problems, including the formulation procedure lacks democracy, publicity program regulation is not clear, filing procedure chaos, then puts forward some countermeasures for perfecting relative to these problems.Secondly, for the employer to the employee seriously violates the rules and regulations by lifting enterprise legal effect of labor contract are analyzed. In giving the party entitled to rescind the labor contract by the unit also the exercise of its rights were strictly limited to the law, but these Provisions are too principle, causes the enterprise the existence of many problems in the specific application, including the confirmation of serious violations of the rules and regulations of the enterprise, to define the standard recommendations specified severity is made, thus effectively specification for enterprises in the application for the employee seriously violates the rules and regulations to terminate the labor contract.Finally, the performance evaluation results of the employing units to the last phase system of labor contract on the grounds of rescission and legal effect are analyzed. The first part defines the eliminated at the end of the legal nature and basis for the next analysis, exist in the specific application system out of business at the end of the problems in the process of application, including the elimination of bottom system and application of labor contract termination condition is easy to confuse, and application performance in serious violation of rules and regulations of the enterprise to terminate the labor contract in the differences, and the distinction between incompetent work, aiming at these problems, combined with the case and put forward the corresponding solution countermeasures.