Research On The Rationality Identification Of Labor Rules And Regulations

Labor rules and regulations refer to the rules that formulated by the employers in accordance with the law,apply in the enterprise and manage labor activities or related activities.Perfect labor rules and regulations should be an organic unity of legal procedures,legal content and rational content.Since China's labor legislations stipulate only the elements of legality and does not stipulate the elements of rationality in the labor rules and regulations,enterprises usually make legal but unrational labor rules and regulations that aggravate the obligations of workers in practice because of the characteristics of rational economic man.The lack of legislation has caused problems of the determination of the effectiveness of the labor rules and regulations in the judicial practice.Does the labor rules and regulations need to have rational elements?Can the Arbitration Commission and the court determine the rationality of the labor rules and regulations?What are the standards for determining the rationality of labor rules and regulations?There is a dispute over this series of issues.This article plans to follow the traditional thinking paradigm of "asking questions,analyzing problems and solving problems",and discusses the relevant issues of the rationality of labor rules and regulations in two parts: introduction and text.In the introductory part,we use four points to explain the background,the research value,the research status quo and the research methods of the labor rules and regulations in order to lay a solid foundation for the discussion of the body part.In the main part,we use four points to analyze the theory,status quo and problems of the rationality of labor rules and regulations,and put forward suggestions for improvement.The first part is asking questions.This part leads to the rationality identification of labor rules and regulations from the shortage of labor legislation and the predicament in judicial practice,and from this we started to explore this issue.The second part first defines the function and nature of the labor rules and regulations,then analyzes the the concept,connotation of the rationality of labor rules and regulations and the connection and difference between rationality and legality.Finally,this part discusses the necessity of introducing the rationality of labor rules and regulations from the contractual nature of labor rules and regulations cannot guarantee the rights and interests of laborers,and the limitation of labor rules and regulations on human rights should be appropriate.The third part is the status quo and the problem of the rationality of labor rules and regulations.This part firstly analyzes the current regulations on the rationality of labor rules and regulations in China and point out the problems in the current regulations which include the lack of provisions at the national level,local regulations are not uniform and there is no clear definition of rationality.Secondly,it analyzes the status of judicial adjudication of the rationality of labor rules and regulations in China,and points out the existing problems in the judicature which include some arbitral organs deliberately avoiding the determination of rationality,inspecting the rationality factor is not comprehensive.Finally,it analyzes the reasons for the judicial problems of the rationality of labor rules and regulations.In addition to the deficiencies of the existing regulations,some officials have rigid ideology and so on.The fourth part is to improve the recommendations for the review of the rationality of labor rules and regulations.This part puts forward sound suggestions from the normative,judicial and practical aspects.Regulatory level: Respect local regulations and improve the national provisions for the determination of the rationality of labor rules and regulations,including introduce rational elements in the effectiveness of labor regulations,clearly determine the right to identify the reasonableness of the labor rules and regulations by the referee organs and establish the standards for determining the rationality of labor rules and regulations.Judicial aspect: Change referee's idea of the rationality of labor rules and regulations and standardize the operation of the arbitral authorities on the rationality of labor rules and regulations.Practical level: employers must rationally formulate labor regulations and laborers must strengthen their awareness of rights protection against irrational labor regulations.Through the determination of the rationality of the labor rules and regulations,both employers and employees can truly realize the harmony of labor and capital on the basis of power restriction.