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Research On The Legal Regulation Of Employers’ Labor Bylaw

Posted on:2017-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:H J MengFull Text:PDF
GTID:2346330485498007Subject:Enterprise Law Practice
Abstract/Summary:PDF Full Text Request
As the internal management regulations, labor regulation system represents the employment autonomy of employers. Under the background of rule by law, legal and reasonable labor regulation system is an important method to regulate the employment of employers and ensure the employers to participate the democratic management as well as the important method for realizing the legal employment of employers. As for the adjustment for labor relations, laws and regulations can play its macro adjustment role; as the corporate internal management regulations, the adjustment role of labor rules and regulations is more micro and specific, which can compensate the limitations of adjustment of laws and regulations. However, due to the imperfect labor laws and regulations in China, labor laws and regulations are not widely-applied in practice. On the contrary, they become the tool for avoiding employment risks by some corporate and labor regulations do not really play its role. Starting from the existing problems in practice, this paper carefully reflects the reasons for the dilemma and makes in-depth investigation from two aspects, namely necessity and reality and three layers, namely concept, regulations and practices in hopes that it can comprehensively and objectively analyze labor regulation system and provide feasible suggestions for the laws and regulations in labor regulation system. This paper consists of four parts.Part 1 is to analyze the basic theories of labor regulation system. This paper analyzes from the ideal layers. According to this paper, compared with collective contract and labor contract, labor regulation system emphasizes to regulate the specific rules that the employees should follow, which is mainly implemented by awards and penalty to regulate the corporate operation and management to play the valuable function in increasing labor effectiveness. Labor regulation is an important system produced from the operation and management demands of employers, which follows the development demands of market economy and rule by law. Therefore, during the legislation of labor regulation system, on the one hand, it should confirm that the employer has the dominant rights and decision-making rights; on the other hand, it should consider the essence property of labor affiliate relations, the inequality of labor and management and weakness of laborers so that it is necessary to constraint the employers to execute this rights from the content of labor regulation system, formulation procedures, applicable procedures and so on to ensure the laborers’ rights of participation, being informed and speaking and break the imbalance between employers and laborers and prevent the damage of employers on the legal rights of laborers.Part 2 analyzes from the practical problems of labor regulation system. Chinese labor regulation system has problems in formulation, implementation and application of law. Firstly, the legislative concept of labor regulation system is not clear and imperfect, whose regulation for the formulation body, scope and procedures of labor regulation system is too principal, vague with weak operability. Secondly, the construction consciousness for labor regulation system by employers is weak. Thirdly, there is no unified standard for the reasonable and legal judicial assessment standard of labor regulation system.Part 3 is the abroad experience reference of the lawful formulation of labor regulation system, which mainly studies the lawful regulations on the employers’ labor regulation system in France, German, Japan and other common law countries. In this paper, the legislation for labor regulation system in each country adopts different legislative mode, which all seeks for the limitations of corporate employment autonomy under the actual situations of each countries in hopes of the win-win between corporate regulation operation and the legal benefits guarantee of labors. The legislative regulation of Chinese labor regulation system should also start from the basic condition of China and restricts from contents and procedures etc so as to reasonably define the boundary of employers’ employment autonomy.Part 4 is the countermeasures and suggestions for the legislative formulation of labor regulation system. According to the above-mentioned analysis, this paper proposes the countermeasures for the legislative formulation of labor regulation system. Firstly, it should clarify legislative value concept; the lawful regulation in labor regulation system should conform to the value objectives of labor legislation itself and it should insist on leaning Protection Principle and interests balance principle and implement the concept of harmony labor and management relations. Secondly, it should improve the lawful regulation in labor regulation system, clarify the formulation body and scope of labor regulation system.Thirdly, it should increase the construction consciousness of labor regulation system of employers. Fourthly, it should unify the judicial recognition concept and establish judicial recognition standard for assessing the legality and reasonability of regulation system.
Keywords/Search Tags:employers, employment by law, labor regulation system, legal regulation
PDF Full Text Request
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