Identification Of Workers' Serious Violation Of The Rules And Regulations Of The Employer

China's "labor contract law" stipulates that the employer has the right to formulate labor rules and regulations.If the employee seriously violates the rules and regulations,the employer can unilaterally terminate the labor contract.However,the relevant laws do not specify the specific situation of serious violation of rules and regulations,which makes the employer over interpret "serious" and abuse the right of dismissal.On the other hand,due to the vagueness of the law,the judges' cognizance of "seriousness" is different,resulting in the phenomenon of different judgments in the same case.Therefore,the identification of "serious violation of the rules and regulations of the employer" in practice needs clear guidance,so as to limit the abuse of the right of dismissal by the employer and promote the harmonious and stable development of labor relations.Based on the recognition of the workers' serious violation of the rules and regulations of the employer,this paper briefly expounds the problems existing in the relevant legislative provisions and judicial recognition of our country.On this basis,it analyzes the relevant legislative provisions of Germany and France,obtains the Enlightenment on the recognition of the "severity" of our country,and finally puts forward its own suggestions on the review of the rules and regulations and the recognition of the "severity" Suggestions: first of all,for the issue of whether the referee should review the rationality of the rules and regulations,starting from the nature of the rules and regulations,the necessity of the rationality review is analyzed,and it is considered that the rules and regulations should have both legitimacy and rationality,so as to fundamentally promote the balance of interests of labor relations;second,for the improvement of the main body of severity identification,it is proposed that the trade union should be given the review of severity The power and the right of cognizance of the severity by the referee;Thirdly,in order to strengthen the supervision function of the labor union in the dismissal procedure,it is proposed to clarify the specific ways and contents of the employer's notification to the labor union,refine the rights and responsibilities of the labor union and the employer in the identification process,and delete the correction procedure forthe "Notification to the labor union";fourthly,in terms of the criteria for the determination of severity,it is considered that every factor sufficient to affect the determination of "severity" should not be Ignored,no matter what factors are considered,the prediction principle,the principle of last resort and the principle of comprehensive measurement can play a guiding role.Finally,in terms of the consequences of the determination of the seriousness,it is proposed that if the employer illegally dismisses the employee and causes damage to the employee,corresponding compensation should be given,and the legislative limitations of Article 39 of the labor contract law should be generalized Proposal on termination clause.