Research On Judicial Trial Disputes Of Labor Regulations

Employer labor regulations are important rules for effectively regulating the behavior of employers and workers,and are also important research objects in the field of labor and social security law.The employer's labor regulations serve as an important rule for coordinating the relationship between employers and workers,and play an important role in maintaining the internal labor order of the employer and regulating employee behavior.The significance of the employer's labor regulations is to clarify the rights and obligations of both employers and employees and promote the formation of a harmonious employment relationship.Therefore,this article has important practical significance to study the labor rules of employers.Based on the analysis of judicial referee cases,the paper selects three types of labor disputes and studies of significant issues as the starting point: first,the legality review of labor regulations;second,the publicity procedure as the effective requirements of labor regulations Thirdly,the employer uses the workers to “seriously violate labor regulations” to exercise the problem of determining the serious violations in the right to terminate.Summarize the factors that the judge considers in the specific case judgment,explore the judge's referee logic,and draw the judge's standard of recognition in specific cases.The court examines the legality of the content of labor regulations,firstly expounds the theoretical debate on the legal nature of labor regulations,and then analyzes the position of the court on the legal nature of labor regulations from the judicial judgment,that is,the employer manages the internals of laborers.Rules,based on the binding force of law and the principle of fairness,the court may conduct legality review of its contents,secondly discuss the criteria for review,and finally conclude that the content of labor regulations shall not violate the forcible provisions of Chinese laws and the labor regulations formulated by employers.It is necessary to conduct a justification for restricting the basic rights of workers.The employment regulations of the employer to the laborer are the requirements for the entry into force of the labor regulations.Since the legislation does not stipulate specific forms of publicity,the form of the employer formula in practice is diverse.By sorting out the publicity form of the employer in practice and summing up the criteria for the court to determine the form of publicity of the employer,it can be concluded that the judge usually adopts the "appearanceism" position,that is,the employer can prove to thelaborer if it can prove it.In particular,if there is a certificate with a written carrier,the court will determine that the obligation to perform the publicity has been fulfilled and can be used as a basis for the judgment of the case,regardless of whether the worker actually knows the specific content of the labor regulations.This too low recognition standard will damage the legitimate rights and interests of laborers.Therefore,this paper puts forward the opinion that the employer must take into consideration the factors such as the nature of the employer's enterprise and the education level of the employer for the purpose of good faith.It shall be publicized to the workers in a reasonable manner in accordance with the purpose of the employer,and the publicity time must be continuous,so that the workers have the opportunity under normal circumstances to understand the specific contents of the employer's labor regulations,which is an ideal publicity state.In the issue of the employer's exercise of the right of rescission on the grounds that the worker “seriously violates the labor regulations”,the focus is on the “severity” of the employee's violations,and the type of violations can be used to visually reflect the severity of the violation.Analyze the factors that judges consider and answer questions about why and how to consider them.Furthermore,the standard of recognition is obtained,that is,from the perspective of safeguarding the interests of the employer,the business autonomy and the trust relationship between the employer and the employee are the standards;from the perspective of protecting the laborer,it is determined by the post stability of the laborer.In addition,the judge must grasp the "predictive principle" and "the principle of measuring interests" when determining that the laborer is seriously violating the rules.From the perspective of judicial practice,the thesis is based on the study of judicial examples,and explores the factors considered by the court in solving the three types of labor dispute cases described in this paper under the existing legal rules.Summarize the court's referee logic,and put forward the opinions that the author thinks feasible at the operational level,in order to provide some help for the court in the referee labor dispute case.The ultimate goal is that the employer can judge the factors based on the court's judgment.Give play to the normative role of labor regulations,promote the need for production and management,and correct the behavior of employers using labor regulations to damage the rights and interests of laborers,and provide reference value for court judgments.