Research On The Legal Effectiveness Of Enterprise Labor Regulations Of China

The study of the legal effectiveness of enterprise labor regulations has been a hot topic in labor law,because of lacking of consensus on the basis of its validity in theory in the long-term,the study of this problem has been gradually declining in foreign academic circles.Although the academic circles pay more attention on the research of this problem in our country,because the theory involves a wide range,the labor legislation technology also has many place to modify in our country.Based on the actual labor legislation of our country,combining the theoretical viewpoint,this paper focuses on the legal effect of labor regulation of our country's enterprises,and makes a thorough study on labor regulation of our enterprises.There are four parts in this paper.It is a basic theoretical study of the legal effect of the labor rules of enterprises in our country in the first part,elaborating the concept and connotation of the labor rules of enterprises,putting forward the definition of the labor rules of enterprises,analyzing the more prominent features of the labor rules of enterprises compared with other normative texts,and in turn,elaborates the connotation of the labor rules of enterprises with legal effect,excluding the cases that not belong to the labor rules of enterprises.The scope of this study is defined.The first part is a study of the basic theory of the legal effect of labor rules in enterprises in China,elaborates the concept and connotation of labor rules in enterprises in detail,putting forward the definition of labor rules in enterprises,analyses the characteristics of labor rules and regulations in the theory of labor laws and regulations in relation to other normative texts,and on the basis of this analysis,elaborating the meaning of labor rules and regulations which not belong to the labor rules of enterprises,and sets forth the scope of labor laws and regulations.It shows the view that this paper supports the position of "collective agreement".Elaborating the effective elements of the enterprise labor regulations in the second part of the paper,namely the main elements,the substantive elements and the procedural elements.In the determination of the main elements,this paper considers that the key of judging the main body of obligations is the enterprise,and has no legal personality,according to which the branch office of the enterprise is the appropriate subject of the enterprise labor regulations.In the elaboration of the material elements,this paper holds that the content of the enterprise labor rules should not only have legitimacy,but also conform to the connotation of rationality,otherwise it has no legal effect.In the understanding of the procedural elements,this paper holds that the labor regulations of enterprises must carry out the necessary procedures in order to have legal effect,that is,the process of formulating must fully reflect the democratic procedures,and the draft must adopt a "one-to-many" way to publicize workers.Describing mainly the effective relationship between the enterprise labor rules and labor contract and collective contract in the third part.In this part,the author explains firstly the connection and difference between the above three,analyzing the causes of the conflict between the three and the measures to deal with the conflict between the three.In this part,the author firstly explains the connection and difference between the above three,and analyzing the reasons for the conflict among them,as well as the measures to deal with the conflict between them,in theory,analyzing the possible measures to solve the conflict between them in a coordinated manner,deconstructing the principle of priority of contract in detail,the principle of priority of force of enterprise labor regulations and the principle of priority of the latter.The latter should be followed.While recognizing the problems that existing in the process of formulating the labor regulations,the author puts forward some countermeasures to strengthen the legal effect of the labor regulations.It is suggested that the regulation of the enterprise's independent development right should be strengthened in the future labor legislation by adding the enterprise's labor regulation,reviewing the filling procedure,strengthening the consultation mechanism of equality between labor and management,and establishing the conflict resolution mode with the criterion of "favorable principle",so as to standardize the establishment of the enterprise's labor regulation.