A Study On The Legal Effect Of Employer's Labor Regulations

Employer's Labor Rules and Regulations is an important system,which has always been an important object of labor and social security law research. As an important rule in coordinating the relations between employers and workers, it is of great significance to safeguard the employers' internal labor order,clarify the obligations of employers and employees, and promote the formation of harmonious labor relations. However, at present, there are few articles on the legal effect of the employer's labor rules and regulations system, but also the relevance of the problems in practice is not very strong.Based on the above considerations, the author draws lessons from the advanced countries on the labor rules and regulations of the employing units, categorizes the existing problems in practice, the author puts forward some reasonable suggestions to solve these problems. This paper adopts the methods of comparative analysis and theory linking practice, which is divided into four parts to explain the above aspects.The first part is the basic theory of the legal effect of the employer's labor regulations.Firstly, it introduces the concept and characteristics of the employer's labor rules and regulations. On the basis of clarifying relevant concepts, the author introduces and analyzes the different theories on the legal effect of the labor rules and regulations of the employing units.The second part is about the western countries, regulations and experiences of the labor force regulations of the employer. At the beginning, it gives a briefly introduction about the legal provisions of labor regulations in Germany, France, Korea, Japan and so on,and then sums up the advanced experiences which can be used for reference on the basis of the analysis of relevant national laws.The third part summarizes the provisions of the law on the legal effect of the employer's labor rules and regulations and the existing problems. First of all, it points out that the legal effect of the labor rules and regulations is difficult to identify because of the lack of laws and regulations. Then it makes a summary from the aspects of unclear stipulation of the subject, broad provisions of the content and no examination standard,the operability of the effective elements is not strong, and the effectiveness conflict resolution is too absolute.The fourth part is the suggestion to perfect the legal effect of our country's labor rules and regulations. On the basis of summarizing the problems in the third part, firstly, the author suggests to strengthen the legislation, so as to provide the standard for the determination of the labor rules and regulations of the employer. Then it clarifies the content of the labor rules and regulations which can be legally effective. On this basis, it clarifies the concrete degree that democratic consultation should be achieved, and then enhances the operability of the effective elements through elaboration of publicity methods. Finally, through clear effect of conflict resolution principles better safeguard the interests of both employers and employees.