Study On The Legality Of The Employers' Rules And Regulations In Labor Dispute

With the development of our country's economy,the social division of labor increasingly complex,The employers' rules and regulations concluded between laborers and employers are important basis for both sides of labor relations,and their importance in real life is becoming more and more prominent,and to reduce the labor dispute of the regulation system is the key to the balance of labor relations.Because the labor laws and regulations of our country are too brief,causes the employer to use the laborer to violate the rules and regulations unilaterally rescind the labor contract with the laborer for reasons and other labor disputes occur frequently.There are many kinds of rules and regulations labor dispute cases in judicial practice,these are the result of arbitrary rules and regulations.To strictly limit the situation of the employer to infringe upon the rights and interests of workers in violation of the rules and regulations,supervise and urge the employer to make legal compliance,conform to public order,it is conducive to the long-term development of employers and the widely recognized rules and regulations,to make the rules and regulations can truly protect the legal interests of workers and employers,to solve the legal problems in the application of rules and regulations in labor dispute.This issue is not only related to the direct interests of employers and workers,but also plays a vital role in the orderly development of the whole social and economic order.The article consists of five parts,including the introduction,the first chapter,the second chapter,the third chapter and the conclusion.The introduction mainly summarizes the main content of this paper and the current research status at home and abroad,and this leads to the text.The first chapter is the question,use three labor dispute cases related to the employers' rules and regulations,The three main problems in this kind of cases are summarized as follows: First,whether the rules and regulations formulated by employer can be applied;Second,the problems of laborer violates the employers' rules and regulations in the dispute;Third,it is reasonable for the employer to terminate the labor contract on the grounds that the laborer seriously violate the rules and regulations formulated by the employer.The second chapter of the text is the core content of this paper,according to the specific situation and reasons of the three focus problems summarized above: Section 1 is the examination and judgment of the rules and regulations,it is necessary to judge whether the rules and regulations formulated by the employer can be applied in terms of legality and rationality,the problem of legality is that the subject is not clear,the content is illegal and the procedure is unfair,the reasonable judgment includes the differences in the nature of the rules and regulations,and the lack of a unified reasonable judgment standard.Section 2 is the problems of laborer violates the employers' rules and regulations in the dispute,from the scope of the rules and regulations is vague,restrictions on the private conduct of workers and the regulation system,labor law,labor contract confusion three aspects to carry on the elaboration;Section 3 it is reasonable for the employer to terminate the labor contract on the grounds that the laborer seriously violates the rules and regulations formulated by the employer,as the most common type of labor dispute of rules and regulations,it covers the "seriousness" of the violation is unclear,the conflict between the discretion of the referee and the autonomy of the enterprise and rules and regulations lack supervision,etc.The third chapter of the text is also the key chapter,It is a suggestion and countermeasure to the problems in the application of the employers' rules and regulations in chapter 2: Establishing and improving the rules and regulations,clarify the applicable standards,set up a special illegal processing agency,play the role of union in safeguarding the rights and interests of workers,improve the supervision mechanism,innovation violate punishment way and methods,etc.And finally the epilogue,this section summarizes the main content of the full text,sublimate the main idea.This paper studies the legality of the rules and regulations in labor disputes,promoting the establishment of a reasonable and legal system of rules and regulations,to reducing the occurrence of labor disputes,maintain the harmony and stability of labor relations.