Serious Violation Of The Employer's Rules And Regulations

The formulation of rules and regulations is the law entrusts with the employer within the limits prescribed by law to exercise the management of workers' rights, workers have to comply with established rules and regulations of the employer's obligations, on the other hand, the labor law also made restrictions on the employer abuse of the rights, but there are many loopholes in the application of law in the bar. In view of the problem of serious violations of the rules and regulations of the employer, due to the provisions of the law is not clear, resulting in a serious violation of the local court for the standard of chaos.In this paper, combined with the specific case and the court dispute, a serious violation of the preliminary discussion with the cognizance of regulations of legitimacy from discipline workers behavior severity identification and regulations applicable to two serious violations of the regulations on. First of all, in the regulations of legal terms, scope for the formulation of rules and regulations mainly include the following provisions, including the formulation of the rules and regulations of the employer should comply with the internal and functional requirements, workers should not be included in the scope of private behavior regulations in private and behavior are not included in the exceptions to rules and regulations. In the formulation of rules and regulations, the existing problems, such as the development of the main body is not clear, the provisions of the content and scope is too broad, as well as the development process is not legitimate. I think it can be improved from the following aspects, clearly define the main body, the content and scope of the specification, and the legal liability of the employer. In the rules of operation legitimacy, from three aspects, see the employer handlers to discipline workers is legitimate, if there is no illegal procedure and disciplinary punishment is to inform the trade union program. Secondly, in identifying the severity of violation behaviors of employees, according to theoretical basis of serious misconduct as the starting point, the identification of serious misconduct shall comply with the equal right protection, economic order and social justice, identification of factors of antisocial behavior including the discipline staffs subjective fault, behavior and unit effect, and put forward legislative suggestions in the following two aspects, clearly defined that serious misconduct for the specific circumstances and norms to workers serious violation of labor contracts. The above view is put forward in order to give full play to the rules and regulations of the employer management functions, the functions of employer abuse constraint management status, help to resolve disputes, balance the interests of both parties, to maintain social stability.