Legal Risk And Prevention Of Labor Rules And Regulations Of Employing Units

A lot of experts and scholars have studied the labor rules and regulations within the employing units.Moreover,these studies have explored the conceptual definition,effective requirements,legal effect,nature,content,procedures and legal risks of labor rules and regulations.The author combines years of working experience in the company to innovate research methods.This article makes further exploration from legal risk and risk prevention." Labor rules and regulations of the employing unit" refers to the sum of all rules and regulations directly related to the labor process and labor management.It is formulated according to the law and applied to the units.The establishment of the labor rules and regulations of the employing unit is both the rights and legal obligations of the employing unit.The issuing body of the labor rules and regulations can only be the employing unit.It implemented within the unit to regulate the behavior in the labor process.Legal and reasonable labor rules and regulations with proper procedures can be used as the basis for the court and arbitration tribunal to adjudicate.It is conducive to ensuring the normal labor management order and operation order of the employing unit.It can maintain harmonious labor relations and settle the labor disputes.This paper discusses the legal risks and the prevention suggestions of the labor rules and regulations by adopting the methods of literature research,comparison,interview,case analysis and experience summary.There are mainly five kinds of theories in the theoretical circle at present.The five theories are contract theory,facts,legal norm theory,according to dichotomy theory and collective agreement theory.The employer has the right of independent management,and the law should respect the employer’s independent management and not interfere too much.The labor rules and regulations should be initiated by the employing unit,formulated with the employing unit as the main body,adopted a single decision system.It ensures the full participation of workers collectively(represented by trade unions).It fully listened to and adopted the opinions of the workers and legally binding on all workers upon publicity.At present,there are many legal vacuums in the labor rules and regulations,many provisions are not clear and there is no system among laws and regulations,which is also the external cause of legal risks in the labor rules and regulations of employers.The main legal risks existing in the employer’s labor rules and regulations include unclear scope of adjustment,inappropriate formulation subject,improper content,and flaws in the formulation and implementation procedures.In the labor law relationship,legal norms and judgment practice generally focus on protecting the interests of the weak party,i.e.workers.If it’s not handled properly,it can easily lead to legal risks.The suggestions to prevent legal risks include clarifying the scope of adjustment of labor rules and regulations,standardizing the formulating subject,standardizing the contents,and clarifying the formulation and implementation procedures.The employer can regulate labor rules and regulations and guard against legal risks,achieving a win-win situation between the employer and the employee.This is good for forbuilding a harmonious labor relationship.