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On The Nature And Legal Application Of Labor Rules And Regulations

Posted on:2018-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:J X LiFull Text:PDF
GTID:2346330515495413Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Labor rules and regulations of enterprises are regarded as "corporate law",enterprises through democratic consultation procedures to regulate and manage the behavior of employees,in order to achieve their business objectives,which reflects the law of our country to give larger enterprises operating autonomy.It is directly related to the harmony and stability of labor relations in the formulation,content and application process.At present,"labor law" and "labor contract law" have formulated,applicable and other issues related to the legality of the provisions.But because of the principles and provisions are too abstract,causing a lot of problems in the practical application,labor cases It is often seen.has led to both enterprises and employees,the labor dispute,the delay of economic development,but also waste a lot of national judicial resources.This paper first summarized by collecting a large number of judicial cases,the types,properties,enterprise labor rules and regulations then will discuss the validity,legal liability issues,divided into three chapters in detail.On the nature of enterprise labor rules and regulations.The author believes that its nature is the theoretical basis for to study other problems,should first to determine its nature in order to better discuss its application.However,for its nature,the theory has not formed a unified view,resulting in the application of labor rules and regulations in judicial practice there is a big difference.At present,there are four main theoretical perspectives,namely contract theory,law,collective agreement and said according to the two theories,the author believes that its nature is a comprehensive contract and law,and elaborated and modified technology.On the effectiveness of enterprise labor rules and regulations.Based on the understanding of the nature of the enterprise labor rules and regulations on the legal basis,first discuss the validity of labor rules and regulations,and then explore the effective elements of the general legal elements,including the content of legal and democratic consultation procedures,and then analyses the common practice of publicity to inform,in practice,leads to the reasonable content should become effective elements according to the post,and the reality of the common illegal termination of labor contract,put forward some countermeasures: to determine enterprise disciplinary position transfer should follow the principle of proportionality,the definition of "serious violation" of the three principles,focuses on the principle of rationality.On the legal liability of illegal punishment.In this paper,the author discusses the legal responsibility that the enterprise should undertake when the labor rules and regulations are invalid or not effective.Considering the judicial practice in the post and termination of labor contract disputes,the author mainly discussed the two situations,according to the analysis of the legal responsibility of enterprises may assume the employee's request,and then discuss how to supervise and regulate the power of the enterprise,how to employee rights protection and relief.
Keywords/Search Tags:Labor rules and regulations, nature, effect, legal liability
PDF Full Text Request
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