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Research On Enterprise Disciplinary System

Posted on:2017-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:X K WangFull Text:PDF
GTID:2336330503981650Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In order to maintain normal production and operation order, discipline in the enterprise has been widely used, and enterprise discipline subject matter is complicated and reached incredible proportions, such as the prohibition of employees to take the black car, prohibit employees in the company to ask or talk about salary, as well as serious violations of social, moral behavior and so on. China's current regulations on disciplinary grounds not only did not make restrictive regulations and statutory disciplinary species is also very small, but the company will use in a wide range of disciplinary measures, but mostly follows the discipline "Workers incentive regulations" set forth 1982 means. After 2008, the Ordinance repealed, the abolition of corporate punishment controversial. Even if the enterprise discipline is the necessity of its existence, but its legal basis why have different theories. If enterprises have the right to discipline, the law should limit its disciplinary power to prevent the abuse of disciplinary power, but the existing legal norms are not specified. It is widely accepted that the viewpoint that the principle of the worker's duty is the center of the principle to make the disciplinary matter by scholars, and so am I. In the specific exposition of the principle of labor obligation to limit corporate disciplinary matters at the same time, the author also discusses some controversial issues such as violation of family planning and part time disciplinary problems. Although there are the above principles to define the corporate disciplinary authority, but how to regulate corporate disciplinary system has a different model. The introduction of foreign models at the same time, it introduces the domestic scholar's viewpoint, the author combines regulation mode of foreign and local scholars suggest that the disciplinary system of enterprises in our country to put forward my own views. Under the current legal system, not all business discipline into the labor dispute by the scope of the case, in enterprise sanctions dispute whether could be included in the labor arbitration or court by the scope of the case on, between the judicial and theoretical circles are controversial. The author thinks that even a warning and demerit recording is also included labor dispute of the scope of accepting cases, to enjoy judicial power of relief. In this regard, the author makes a detail.
Keywords/Search Tags:Disciplinary Basis, Disciplinary Power Boundary, Disciplinary Measures, Disciplinary Remedy
PDF Full Text Request
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