The Conflicts And Agreements Between Internal Regulatory Frameworks Of Enterprises And Laws And Regulations In The Perspective Of Law On Employment Contracts

The Eighteenth National Congress of the CPC put forward the legitimacy of normative documents review mechanism,The State Council launched its nationwide pilot work in 2015.This study believes that in the context of comprehensively promoting the rule of law,all normative documents,including the internal rules and regulations formulated by enterprises and institutions,will be faced with legal review,especially the internal rules and regulations formulated by enterprises.This research is based on such a predetermined idea,which belongs to the exploration ahead of practice,and the lack of reference documents,so the natural difficulty is greater.The scientific and effective internal rules and regulations of enterprises play more and more important roles in the management of enterprises.However,if the internal rules and regulations are incomplete,it is easy to infringe upon the legitimate rights and interests of employees.As the enterprise's internal rules and regulations are not legal,the litigation disputes between enterprises and employees occur frequently,but there is no systematic and in-depth study on the legitimacy of the internal rules and regulations.The internal rules and regulations of enterprises regulate the rights and obligations of workers in enterprises,and they are the concrete embodiment and extension of labor laws and regulations within the scope of enterprises.The internal rules and regulations of a legally effective enterprise can improve the production efficiency of enterprises,maintain the business order;but if the internal rules and regulations is not legitimate,then,establish procedures Its loopholes appeared one after another.internal rules and regulations,the implementation will encounter resistance,even against the legitimate rights and interests of employees.Therefore,we must pay attention to and guarantee the legitimacy of the rules and regulations within the enterprise.This article from the basic proposition of the internal rules and regulations,based on the research of related literature,take labor and employment as an example,this paper points out the shortcomings of our country's internal rules and regulations,contents and procedures at present,and puts forward some corresponding countermeasures and suggestions.In the first part of this paper introduces the basic theories related to the internal rules and regulations,based on related basic proposition,to explore the nature and evolution of the theory of the internal rules and regulations,the legal analysis of the internal rules and regulations from the point of view of the effectiveness;The second part of the internal rules and regulations of the legitimacy of the interpretation,mining labor legislation on the internal rules and regulations from the main body,content,procedures and other elements of the requirements;The third part discusses the review and the safeguard mechanism of internal rules and regulations legitimacy,legitimacy review mainly through self-examination,administrative record review and judicial review,legal regulation mechanism mainly through the enterprise discipline right,labor security supervision,legal appeals and litigation of the internal rules and regulations.