Research On The Procedural Justice Of Enterprise Labor Rules

As a rule to adjust the labor relations between enterprises and workers,enterprise labor rules and regulations not only related the legitimate rights and interests of workers,but also related to enterprise management.Article 4 of the Labor Contract Law of our country provides for the specific procedures of the labor rules and regulations,and establishes the equal consultation system,that is,codetermination system.Its legislative intention is to protect the democratic management of workers,establish workers' main position in the development of labor rules and regulations.However,in real practice,there is still a great deal of disagreement on whether the formulation of enterprise labor rules and regulations is based on substantive equality consultation as a matter of its entry into force and whether procedural justice is necessary for substantive equal consultation.The reasons for this situation,on the one hand is decided by the law of the fuzzy,on the other hand,related with the current development characteristics of China's labor relations.Therefore,it is of great theoretical and practical significance to study the procedural justice of the labor rules and regulations of Chinese enterprises.In this paper,through the introduction of the concept of procedural justice,combined with the problems in the theory and practice of our country,I discuss how to establish the labor rules and regulations in line with the procedural justice values and principles.Through the comparative analysis of other countries and regions,to explore the general experience of procedural justice of labor rules and regulations,some suggestions on the current system of our country will be made.This article mainly focuses on the analysis of the procedural justice of enterprise labor rules and regulations.This article is mainly composed of three parts: introduction,text,and conclusion.The introduction part first introduces the research background and significance of this article,and defines the scope of this paper.The literature review section summarizes some of the theoretical research on this topic.Then,it summarizes the innovation points and shortcomings of the thesis research.Finally,the research methods in the research ideas are introduced.The first chapter mainly introduces the inherent fit of the contractual nature and procedural justice of the enterprise labor rules and regulations through the introduction of theconcept of procedural justice.The second chapter mainly analyzes and analyzes the related cases in the judicial practice of enterprises in our country.Summed up the practice of our two common problems.The third chapter mainly analyzes the procedural justice problems involved in the process of enterprise labor rules and regulations and the judicial review.It is clear that the formulation of labor rules and regulations should be based on the willingness of both employers and employees,and the labor and capital should also be the elements of judicial practice.In the fourth chapter,through the investigation of the existing system in our country,it is necessary to formulate the enterprise labor rules and regulations which conform to the intrinsic value of procedural justice and have to implement our country's equal consultation system.Combined with the problems existing in our country's equal consultation system,elaborated the practical significance of perfecting the equal consultation system.The fifth chapter first analyzes the relevant patterns of other countries and regions,draws relevant enlightenment to the reform of labor law in our country,and then puts forward suggestions for perfecting the relevant system.Finally,the conclusion part summarizes the view of this article.From the macro point of view,the development of enterprise labor rules and regulations is the process of labor and capital game.We must protect the procedural justice,not only conducive to the protection of workers' rights,but also conducive to the harmonious development of labor relations.To sum up,the main findings of this paper are:(1)In the modern market economy,the enterprise is not only the contract organization between investors,but also the contract organization between the employer and the employee.Enterprise labor rules and regulations should reflect the common will of both employers and employees,by the equal consultation between the two sides and jointly decided;"consensual,contract" as the core,establish the rules of labor procedural justice is necessary.(2)Article 4 of the "Labor Contract Law" of our country does not formally and clearly establish the theoretical guidance function of the "consensual and contract" of the labor rules and regulations.Therefore,it is too simple and crude in the stipulation of the procedure,leading to differences in practice.(3)China's relatively rough and vague "equal consultation" system,because of the lack of a clear procedural justice system,and can not achieve the desired effect,and with our current trade union system are inseparable.According to this,this paper suggests:(1)In order to ensure theco-ordination of labor rules and regulations,establish a "consensual,contract" as the core content of the democratic process is nessary in our country.(2)The equal participation of laborers in the process of equal consultation should be ensured to promote the proceduralization of the equal consultation system.Enrich the substantive content of equal consultation,and treat substantive equal consultation as an crucial factor in judicial practice.