Study On The Effectiveness Of Employers' Labor Rules And Regulations

Employers' labor rules and regulations play a major role in the adjustment of labor relations by employers.Employing units to formulate labor regulations can not only regulate internal management of enterprises,but also promote harmonious and healthy development of labor relations.However,because our country is not perfect in the legislation of labor rules and regulations of the employer,in violation of the relevant procedures to formulate labor rules and regulations or due to unreasonable content caused by an increasing number of labor disputes in practice,serious damage to social stability and hinder the development of social production.There is no doubt that a legally effective labor rule is binding on workers and employers.Where does the effectiveness of employers' labor regulations come from? How do we balance the conflict of interests between the employers and the employers in the process of regulation? With these questions,I start writing this article,in this paper the author will refer to the previous results,learn from the advanced experience of developed countries in this regard,the analysis method of combination of theory and practice,to conduct a more comprehensive analysis to the effectiveness of the employing unit labor rules and regulations question.This article is divided into three parts: introduction,text and conclusion,of which five chapters are included in the text.The paper introduces of the labor rules and regulations of the employing units in the first chapter.This chapter first analyzes the concept and characteristics of the labor rules and regulations,and then expounds the necessity of formulating labor regulations from four aspects.Finally,it briefly introduces the current legislation status of labor regulations in China.The second chapter studies the theoretical source and effect conflict of the effectivenessof the labor rules and regulations of the employer.This chapter begins with a certain analysis of the effectiveness of the labor rules and regulations,the specific effectiveness of the labor rules and regulations in the judicial practice is expounded,from the two aspects of the effectiveness of the labor regulations on the employers and workers and the effectiveness of the labor rules and regulations on the court and the Arbitration Commission.Secondly,this chapter introduces four main theories about the source of the effectiveness of labor regulations,and analyzes and demonstrates them one by one according to the four theories,then summarizes the four theories,and analyzes their respective pros and cons.The third chapter is the order analysis of the efficiency of the labor rules and regulations of the employing units.Based on the current legislation of our country and the in-depth interpretation of the status of China's legislation,this chapter found the two defects of the legislation in the entry into force of the rules and regulations of our country,one is the conflict between "labor and capital commencement" and the "capital single decision" in the democratic procedure,and the two is the lack of the content of labor rules and regulations in the entry into force.Then,combined with the contents of the previous chapter on the effectiveness of labor regulations,the value tendency embodied in our current legislation is analyzed.The fourth chapter is the tribunal of the effectiveness of labor rules and regulations.Firstly,the chapter analyzes the conflict between labor regulations and the effectiveness of labor contracts and collective contracts in the process of trial.Secondly,the chapter analyzes the influence of democratic procedures on the effectiveness of labor rules and regulations,that is,whether the rules and regulations that have not been passed through the labor consultation can be used as the basis for the process of trial.Thirdly,it analyzes the influence of legal but unreasonable rules on the process of adjudication in judicial practice.Finally,it analyzes the issues related to the review of labor regulations in judicial practice.Through the analysis of the above four problems,the defects of the current legislation in China and the perplexity encountered in the trial practice are found,which reflects the necessity of improving the current legislation in our country.The fifth chapter discussed the main way to improve the effectiveness of the labor rules and regulations of the employers in our country.In this chapter,the author will put forward some perfect and feasible opinions on the questions raised in the fourth chapter,in order tohelp solve these problems in the future.First,we need to clarify the concept of legislation and clarify the mode of labor regulation in China.Second,we should improve the democratic procedures in the process of labor rules and regulations,rationally limit the rules and regulations of employers,perfect the three party consultation mechanism,and protect the legitimate rights and interests of the workers.Third,we should increase the relevant provisions on the rationality of labor regulations and regulations in legislation and clarify the subjects and standards for the reasonableness of labor regulations.Fourth,we must improve our labor regulations filing review system and speed up the construction of professional teams for labor regulations.