Study On The Legal Issues Of Labor Regulations Of Enterprises

In our daily life,Labor's Regulations are always been made unilaterally by enterprises,which includes labor discipline,labor conditions and labor protection.It is one of the major means to adjust labor relationship.If the Labor's Regulations is effective and reasonable,it can help enterprises maintain work order and save the cost of signing contracts.Moreover,it possesses the double function of managing the internal transaction and adjusting labor relationship.Absolutely,it plays a vital role in balancing autonomy of enterprise and labor right.So in the opinion of the author,perfecting the work rules is a win-win route not only for the enterprises but also for the laborers,particularly in the society with rapid development.Enacting the work rules is the right of the enterprises.The right is coming from the legislative confirmation of enterprise autonomy and possession of the means of the production.But unilaterally unrestricted right can be easily abused.So autonomy right of enterprise need to be restricted to protect laborers and labor's participation is an important way to achieve the goal.According to Labor Law and Labor Contract Law,formulating and changing labor's regulations should be complied with the domestic process which askes for full consultation between the enterprises and laborers to ensure labor's participation.But the domestic process and the establishment right of enterprises are not clear,they become topical issue in academic community.So the author sort out the literature research as well as legislation evolution to draw a conclusion that the establishment right belongs to enterprises and domestic process is necessary.Labor law only fundamentally regulates on the main points,without establishing the nature and effect of enterprises,disciplinary punishment,the specific ways to make labor's regulations and so on.Therefore,we need to perfect the legal system through clarifying labor's regulations and guiding practice for purpose of limiting autonomy of enterprises rationally,as well as protecting daily management.There are six parts of this thesis.The first part introduces dissertations reason,research methods and ideas.The second part of this paper is about the research scope of this thesis and basic concept of the labor regulations.The labor regulations are always been made by enterprises in charge of labor conditions,labor discipline and other management practices.The third part aims to talk about the establishment right of enterprises and its limitation.Enterprises can make labor regulations because of autonomy right of themselves which is coming from the legislative confirmation of enterprise autonomy and possession of the means of the production.So autonomy right of enterprise need to be restricted to protect laborers and labor's participation is a good choice to limit enterprise's right.Although enterprises are in a stronger position,labor's participation can supply possible constrains.The fourth part is about the current legislative status and it is related to the problems and consummation of the legislation about the labor regulations in China.There are many problems in current legal system,such as imperfection of domestic system and contents of labor regulations,non-restricted punishment right of enterprises.The fifth part is to make suggestion and find out ways to solve the problems above.It proposes some of views to improve the legislation for the labor regulations in china and how the companies improve the work rules.The last part is about generalization and summarization of what is said above.