System Construction For Normalizing Enterprise’s Disciplinary Power

Instead of being integrated in Regulation on Rewards and Disciplinary Sanctions forEnterprise Employees, provisions of our country referring to enterprise’s disciplinarypower have been merged into Labor Law and Labor Contract Law after the abolishment ofthe above-mentioned Regulation. Although this change weakened the administrativecharacter of enterprise’s disciplinary power and adapted to the development trends ofsocialist market economy, it also caused a series of problem. In terms of legislation, first ofall, substantive rules are unsound. Among all kinds of disciplinary measures, onlydisciplinary dismissal has a clear legal ground, while other disciplinary measures andrelevant disciplinary basis and causes have not been clearly provided. Secondly, proceduralregulations are nearly blank. Even procedural regulations for disciplinary dismissal, whichhas a great influence on laborer’s lawful rights and interests, are also missing. Thirdly,channels for supervision and remedy are not smooth. Litigation and arbitration are themain measures to remedy and supervise disciplinary actions; however, labor dispute hasnot been fully brought into the case scope of current legislation. On the other hand, how toprotect the exercise of laborer’s right of petition against labor rules and regulations stillremains on theoretical discussion level. The above-mentioned legislation defects lead tothe fuzzy boundary of enterprise’s disciplinary power, the abuse of enterprise’sdisciplinary power and the infringement to laborer’s lawful right and interest. Moreover,laborers cannot be effectively remedied, and the exercise of enterprise’s disciplinary poweris hard to be forcefully supervised. Based on the above analysis, this paper advocates thatenterprise enjoys disciplinary power, however, necessary and effective restrictions have tobe made on the exercise of the power, and the system construction includes the followingthree aspects:(1) substantive rule. Specify substantive principle and regulation basis forthe exercise of enterprise’s disciplinary power, restrict the causes of disciplinary actionsand normalize disciplinary measures;(2) procedural regulation. Establish and improve general procedure for enterprise to exercise the disciplinary power and precedingprocedure for disciplinary dismissal;(3) strengthen supervision and remedy. Perfect thepetition mechanism for laborer and dredge the channel for judicial remedy.