The Research Of The Rules And Regulations’ Rationality Of The Employing Unit

Labor rules and regulations, as the concept of rules and regulations of the employing unit in the Labor Contract Law, referring to the rules and the institutions established by the employing unit to organize workers’ behaviors during the process of production and operation. As a supporting method of workers’ administrations, the enterprise invariably tend to enlarge the rules and regulations’ scope to achieve the maximum management of their workers’ behaviors. That consequently leads to an illegal interference of the workers’ personal life which already beyond its management domain without authority. Labor rules and regulations like this are not illegal but actually not reasonable. Due to there is no regulations of the rationality in the Labor Contract Law which merely involved in the legitimacy issues of labor rules and regulations. The argument of labor rules and regulations’ rationality issues has been all through continuing.Accordingly, this paper focus on the central issues of should the rationality be an essential element ? Which should be the appropriate subject of the Inspection Power? What is the disadvantage of current law? How to resolve the above difficult problems?This paper based on the case in the Introduction that A worker was fired as taking illegal vehicles, according to route of asking problems, analyzing problems and solving problems, dividing the paper into the following four parts.The first part, analyzing the implication and the legal values of labor rules and regulations’ rationality. It particularly includes of the conception, the nature feature of labor rules and regulations, and the conception of labor rules and regulations’ rationality,and the relationship between legitimacy and rationality. On this basis, discussing the issue that should the rationality be an essential element? Firstly, enumerating the different points of current theoretical realm, and then putting the writer’ viewpoint that the unreasonable labor rules and regulations are without legal effect.The second part, aimed at the current legal document in the field of labor law,analyzing the weakness, namely as there is no clear provisions about the rationality in the superior law, which made the inferior law’ disharmony and conflict regulations. In the meanwhile, the primary confusion in the practice sector is absolutely the issue of who should be the appropriate subject of the Inspection Power? And how to balance the relationship between the democratic procedure and the labor rules and regulations’ rationality?The third part, introducing the intrinsic consideration factors of the labor rules and regulations’ rationality respectively from procedure and entity level. By the means of inducing the potential institutional interests, namely the institutional original intention is to realize the enterprises’ self-management, the institutional limit should be restricted within the production and business activities, and the institutional target is to protect labor rights.The last part, proposing advise of perfecting the regulations of the labor rules and regulations’ rationality. That is confirming the rationality is an essential element of labor rules and regulations by legislation, and endowing the court and the Arbitration Commission the power of investigating the labor rules and regulations’ rationality, and determining the standards of rationality rationality.