On Laborers' Serious Violation Of Confirmation Of Employer's Regulations And Rules

The autonomy and autonomy of employment are granted to employers by modern market economy.The law stipulates that the employer has the right to formulate Rules and Regulations.If a Labourer violates the Rules and Regulations,the employer can handle it.In serious cases,the contract can be terminated unilaterally,which reflects that the law gives the Employer full decision-making power and autonomy.However,Law give employer the right to terminate the labor contract unilaterally,the right does not mean that there is no limit about their rights,and it should be appropriate to regulate and limit.China's legislation and practice on the unilateral termination of labor contract by Laborers in serious violation of Rules and Regulations are relatively backward.There are provisions,but they are not perfect.The provisions on the subject,standards and procedures for the recognition of seriousness are not yet perfect,and the legal rights and interests of workers cannot be well protected.In theory,this paper analyzes the nature of the employee's serious violation of the employer's Rules and Regulations.Based on China's legislation and practice,the relevant foreign legislation on the subject of Confirmation,standards of Confirmation,enterprise staff committee and other provisions.In view of the problems existing in China's legal and judicial practice,this paper puts forward some Suggestions.Firstly,improve the legal provisions on the subject of severity Confirmation,This includes clarifying the union's right to review and granting judges the right to determine,The purpose of the trade union is to protect the lawful rights and interests of workers,but the role of the trade union system in China is very limited,The determination right of judges and arbitral institution has not been clearly stipulated.Secondly,improve the criteria for Confirmation of the seriousness in violation of the Rules and Regulations,Include encouraging Employer of choose and employ persons to undertake a regulation to the specific standard of cognizance of serious violation behavior,By referring to the principle clauses in our civil law and the foreign labour law principle criterion,we can improve the severity criterion of our legislation,It can not only analyze the severity degree according to different Employers and jobs,so that workers have certain predictive power to their own behaviors,but also give full play to the subjective initiative of judges and make full use of the principle standard to determine whether there is a seriousness.At the same time,the determination standard within the employer is also a reference for the judge.Lastly,Refine the procedures about Confirmation of Serious violation to avoid generalizations,This includes notifying the trade union,the trade union to review and distribute the burden of proof,This includes notifying the trade union,the trade union to review and distribute the burden of proof.Under the form of a highly developed market economy,pay attention to Employer of choose and employ persons autonomy at the same time,should also pay attention to the balance of labor relations,especially in a weak position of workers,the above ideas put forward mainly make the severity of the reference basis and legal basis,make the cognizance of severity has strict procedures,protect the rights of trade unions and the cognizance of the judge at the same time,prevent excessive Employer of choose and employ persons the right abuse,to protect the lawful rights and interests of workers.