Application Of Laws About Punishment In Employing Unit

Our country now is in a throes period of economic and social transformation.Diversity of both parties of labor relation and their interest demands makes labor relation contradiction increasingly obvious.Through searches on judicial cases platforms like Beidafabao,Lvshang and Wusong,labor controversies because of employing unit's disciplinary actions to workers tend to become more.Raise of cultural levels promotes awareness of rights and development in network media helps workers get right protection information more easily.Inappropriate disciplinary actions in employing units extremely violate lawful rights and interests of workers who break the regulation.All these factors mentioned above result in occurrence of these controversies.Seen from the origin,inappropriate use or even abuse of disciplinary actions in employing units is the key to these frequent controversies.Legislation in disciplinary actions is left blank in our country after abolishment of Regulations on the Reward and Penalty for Enterprise.But disciplinary actions to workers' irregularities to ensure the smooth of production and operation activities can always be seen.In current regulation system,application of laws on employing units'disciplinary actions has become a valuable research topic and that is the core of this paper.Contents of this paper can be divided into legal basis of employing units'disciplinary actions,reasons and extent of disciplinary actions,ways and procedure of disciplinary actions,which constitute the application of laws on disciplinary actions.In the first part of this paper,analysis on relevant regulations about disciplinary actions in current laws is conducted,and then it is brought up that regulations can be the legal basis of disciplinary actions and it illustrates and denies scholars' view that collective contracts and labor contracts can be the basis of disciplinary actions.And finally,it is summed up from effective and applicable judicial interpretation that three key factors for regulations to be valid are democratic procedure,publicity to workers and legal content.Under the premise of valid regulations,second part of the paper essentially makes analysis on rationality and appropriateness of disciplinary actions cases application.This paper brings up that all behaviors violating labor obligations can be brought into regulatory framework and be the reason for disciplinary actions and labor obligation can be divided into payment obligation and affiliated obligation.At the same time,judicial offices should pay special attention to job qualification and legal exemption when investigating whether penalty reason belongs to behaviors violating labor obligation.Employing units should stick to proportion principal on selection of penalty extent.Third part of this paper makes legality analysis n basis of summary of current disciplinary actions,and it points out that except fine,other penalties should be applicable if they meet common valid requirements of regulations like if they don't conflict with superior regulations and they don't limit and deprive workers of basic rights and they fit in with legal reservation and contracts reservation and no discrimination exists.Fourth part of this paper firstly analyzes legislation and law applicability defects of penalty procedures and them makes some suggestions about limiting these defects by improvement of disciplinary actions procedures legislation and hopes this can regulate law application of employing units'disciplinary actions so as to maintain the stability and harmony of labor relations.