Study On The Aappropriateness Of The Rules And Regulations Of Enterprises

The rules and regulations of the enterprise is the act of the enterprise according to its own operation and management, which is designed to guarantee the labor rights and fulfill the obligations of labor. The perfect rules and regulations of the enterprise should be the organic unification of the three party of the content validity, the substance content rationality and the procedure law. The identification of the nature of the enterprise rules and regulations should be adopted by the legal norms. The formulation of enterprise rules and regulations should be based on the current laws and regulations of our country, at the same time, taking into account the autonomy of the subject. In terms of the effectiveness of the rules and regulations of the enterprise, the content is the basic premise, the legal procedure is necessary to ensure that the content is reasonable. In practice, in order to maximize the interests of enterprises, it is usually formulated to increase the employee's obligations, the relief of their own responsibility of the rules and regulations. Formal legal, but the substance is obviously unreasonable rules and regulations of enterprises are not uncommon. To judge whether the enterprise rules and regulations are appropriate or not, we should make a comprehensive interpretation of the two aspects of legality and rationality. The rules and regulations of the whole content and procedure law should be directly denied its validity. The content of some legal, illegal, illegal effect we should deny the terms of the effectiveness of the legal provisions of the reservation. In the form of legal and substantive rules and regulations, can not be flatly denied its effectiveness, the judge can use civil law in the interpretation of the purpose of the relevant provisions of the relevant provisions of the evaluation and discretion. China's "labor contract law" thirty-ninth (2) of the "serious violation" of the provisions of the unilateral termination of the labor contract to become an enterprise. In judicial practice, can be workers' subjective malignant (negligence or intentional behavior), the number (one or more), the extent of damage (mild or severe) factors such as whether the workers "serious violations" judgment standard regulations. The legality of enterprise rules should meet the two conditions for the establishment of legal and applicable objects. The rationality of the rules and regulations should be improved to ensure that the development process follows the democratic procedure, and the implementation process should give full play to the supervisory role of the trade union. Enterprises themselves do not have the right to explain the rationality of the rules and regulations, the main body of interpretation is a neutral judge. The workers and enterprises may, through consultation, mediation, arbitration and litigation, maintain their own legitimate rights and interests due to inappropriate rules and regulations.