Research On The Effect Of Enterprise Internal Rules And Regulations

Whether Enterprise internal rules and regulations are legal and complete and whether it can effectively play its effectiveness are directly related to the formation of harmonious labor relation and the law society.However,Because the cause of the internal rules and regulations in the current labor and employment practice may be unreasonable or even illegal,so the illegal infringement phenomenon of the lawful rights and interests of workers which have triggered labor dispute cases are still numerous and common.Therefore, the problems that reside in the application of our internal rules and regulations should be gotten enough attention and solved in time.In this paper,the internal rules and regulations are taken as the research object,trying to make some suggestions to improve the effectiveness of it,which is aimed at better achieving a balance between the interests of employers and workers,as well as better protecting the legitimate rights and interests of workers.In addition to the introduction and conclusion,the article consists of four parts:The first part,the main problems existing in the process of the application of the enterprise internal rules and regulations.This part begins with 32 practical cases which are related to the application of the internal rules and regulations,aimed at finding out the major issues affecting the effectiveness of internal rules and regulations through careful analysis of the case’s verdicts and reasons.First,the effectiveness of the internal rules and regulations standard questions,mainly to analyze whether its content are compliance with the laws and regulations,or exist the obvious unfairness or punishment that is inconformity with the statutory procedures;secondly,analyze the “severity”degree identified issues when the employee seriously violates the internal rules and regulations in the different situations,The different measure standard on the “seriousness” of the judicial organs is also directly related to the outcome of the case;finally,talk about the evidence problem affecting the internal rules and regulations,which is another important issue that cannot be ignored when dealing with such cases.The second part,to explore the nature and the force of the internal rules and regulations. The superstructure is determined on the economic base,the original intention of the purpose of our law-making cannot be separated from promoting economic development.Firstly,analyze the economic principle of the internal rules and regulations,and then discuss its legal basis on the principle that mentioned above;and then analyze the nature of it.secondly,describe the effect of the internal rules and regulations in our country combined with the current judicial practice.The third part,the reflection on the effective elements of the internal rules and regulations.Since there is still no specific provisions in our country labor standard law to define the effect when the internal rules and regulations are lack of effective elements,so the problem that existed in the judicial labor disputes practice should be also settled in time.Firstly,analyze the legitimacy standard of it;and then discuss the validity of the internal rules and regulations when it is lack of legal elements;then analyze the main cause that impact the effectiveness of the internal rules and regulations in the current judicial practice.The fourth part,perfect our country’s internal rules and regulations effect.This part is the foothold of the paper.In view of the main problems that are mentioned above,this part learns from some advanced experience from foreign developed countries,and puts forward some suggestions to improve the effectiveness of the internal rules and regulations of our country,mainly including that we should increase the formulation of prior approval procedures;strengthen the equality consultation mechanism of both sides of labor;perfect and implement the internal rules and regulations of enterprises;strengthen the regulation on the right of enterprise autonomy development.