A Study On The Legal Effect Of Employer's Labor Regulations

The sustainable development of the country is inseparable from the long-term stability of social relations,which is the most basic manifestation of social relations.However,the current labor relations in China have fallen into a more tense situation.According to incomplete statistics,from 2009 to 2017,there were more than 28,000 cases of labor disputes in the country,of which more than 11,000 cases related to labor regulations and regulations,accounting for the total number of labor dispute cases.Half of the cases,and their cases are mostly related to the effectiveness of labor rules and regulations,publicity issues,and the unilateral termination of labor contracts by employers due to workers' serious violations of labor regulations,which can be attributed to the issue of labor regulations.However,at present,the issue of the effectiveness of employers' labor regulations in our country has not been given full attention.At present,Chinese legislation on labor rules and regulations is too general and principled.Units have no specific guidelines when formulating labor rules and regulations.As a result,the rules and regulations that have been formulated are constantly being violated.This precipitates the occurrence of labor disputes at the source.Hidden danger.At the same time,related academic research is also limited to general and principled research.The issue of the effectiveness of labor rules and regulations is less involved and controversial.Based on the above considerations,the author believes that the effectiveness of labor rules and regulations should be paid attention to and resolved in a timely manner.This paper is based on the analysis of the current legislation,based on the research results of various scholars,combined with practical needs and the experience of relevant foreign institutions,in order to provide reasonable and feasible legislation and other aspects of improving the effectiveness of Chinese employers' labor regulations.Suggestions.First,it outlines the basic factors affecting the legal effectiveness of the employer's labor rules and regulations;then,it analyzes and analyzes the importance of the effectiveness of the employer's labor rules and regulations,explains the significance of the author's research on this,and expects to arouse people's interest in the study.The importance of the article is followed by the key part of the article,namely,the reference and improvement of the effective elements of Chinese current employer's labor rules and regulations,and the validity of labor rules and regulations:formulating the subject,formulating content,formulating procedures,conducting analysis and research,and targeting The proposed improvement of legislative proposals.Finally,we have conducted a certain discussion on the relatively large problem encountered in the specific application of labor rules and regulations,that is,on the issue of its effectiveness,so that it will not fall short of the final application.The first part,the basic factors that affect the legal effectiveness of the employer's labor rules and regulations:1,the concept of determination.Legislation has not yet clearly defined its concept,so it must be clearly defined to determine the scope of the study.2,legal attributes.Having both the character of the civil law and the character of the social law,recognizing its legal nature is conducive to grasping the source of effectiveness of the employer's labor rules and regulations on a macro level.3,the scope of effectiveness.Mainly refers to the employer's labor rules and regulations for whom,in what space,when and for what matter has legal effect.In the second part,the necessity of improving the current regulations on the effectiveness of employers' labor regulations in China:1.Balance the democratic management rights of laborers and the need of employers to operate autonomy.The purpose of these two rights is to provide all parties with the right to strive for their own rights and interests.There are two ways of gaining interests,and labor rules and regulations are the medium for their mediation.2.Adjusting important supplements to labor relations will help reduce labor disputes.3.To study the theoretical basis for the effectiveness of employers' labor rules and regulations.There are too many theoretical basis arguments for their effectiveness,indicating that the legislation is not clear,which leads to different understandings and ultimately affects judicial practice.In the third part,the reference and improvement of the effective elements of Chinese current employer's labor rules and regulations mainly refers to its formulation of the main body,which should unify the relevant legislation in our country,divide the scale,clarify the nature of the trade union,determine the collective formulation of the labor and capital,formulate the content,and draw lessons from Legislation related to labor contracts,clarifying its essential content,taking into account social morality and public order and good practices without prejudice to the law;formulating procedures,including confirming democratic procedures,publicizing notices,and filing administrative cases.In the fourth part,the principle of the effectiveness of employer-unit labor rules and regulations on the conflict of positions is mainly in conflict with the effective application of labor contracts and collective contracts.At present,there is no legislation to confirm the relationship between the three,and the doctrines are also disputed.Differently,the author believes that regarding its rank with the validity of labor contracts:the principle of giving priority to the effectiveness of labor rules and regulations should be applied;as to the rank of its effectiveness with respect to collective contracts:the principle of prioritizing effectiveness of post-developers should be applied.