| Article 25,paragraph 2,of the Labor Law of China and Article 29,paragraph 2 of the Labor Contract Law stipulate that the laborer seriously violates the rules and regulations of the employer,and the employer can immediately terminate the labor contract.However,the extent to which laws and regulations are determined to be serious violations of the employer's rules and regulations is not clearly defined,which has a certain impact on the application of judicial organs in practice.The judicial judges may be hesitant in the specific practice,unable to rely on,and the operation is poor.At the same time,the difference in the standard of seriousness of the case may also lead to different judgment results.Laborers and employers cannot overcome the judgment results,which affects the public's recognition of judicial credibility and judicial authority.This paper summarizes and analyzes the cases of serious violations of the employer's rules and regulations by the second-instance and re-examination laborers that have been in force from 2015 to 2017,and classifies the behaviors of laborers in violation of the employer's rules and regulations in judicial cases.It empirically explores the judgement logic and consideration factors of judges in judicial determination.At the same time,the case analysis method is used to analyze the typical cases,and the judicial recognition standards of the same type of disciplinary behaviors aresummarized.The comparative analysis method is used to analyze the situation of the degree of seriousness in judicial practice and make recommendations.In order to improve the criteria for determining that workers are seriously violating the rules and regulations of employers,it provides a certain reference.Finally,through the summary and analysis of the case,the author puts forward theoretical considerations and suggestions for the serious violation of the employer's rules and regulations by Chinese laborers. |
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