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Research On The Employer's Right To Take Economic Measures Of Punishment To Employee

Posted on:2019-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y QianFull Text:PDF
GTID:2417330545970767Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Despite the Regulation on Awards and Penalty for Enterprise's Staff and Worker(hereinafter refers to “Regulation”)had been abolished by the State Council of PRC in 2008,a large number of corporations,especially those labor intensive industry,still adopt the measures of punishment provided therein and enact corresponding detailed rules of economic discipline in practice.During labor relationship,worker usually receive employer's unfair punishment unwillingly due to the consideration for personal career development.However,when the labor contract is terminated by the parties,and the employee petition the People's Court for compensation,Both the Judicial Practice and the Research for Theory of Labor Law may face the following questions:(1)Whether the employers have right to take economic measures of punishment to employees or not?(2)What is the legal theoretical basis of the economic measures of punishment by the employer?(3)What is the extent of the economic measures of punishment and how to implement it? and(4)If the employee is not satisfied with the punishment decision,how to provide relief measures for them?In order to solve the above problems,the first chapter of the paper will summarize the issues concerning the application of laws when trialing the economic punishment case,then extract the issues that need to be studied in this paper.In the second chapter,I will explore the legal basis of the economic disciplinary rights of employers from the perspective of the contractual and ethical characteristics of the relationship between the employers and workers.Based on the establishment of the economic disciplinary rights of employers,the third chapter of this article will explore the boundaries of the employer's economic disciplinary power:(1)Except for the worker's wage income,the employer's economic disciplinary power cannot govern the employers' personal assets;(2)The subject of economic disciplinary action must be related to the employee's performance of the obligations stipulated in the labor contract;(3)When determining the economic punishment of the worker,the amount of the penalty shall be determined in accordance with the principle of proportionality,Meanwhile,the employer shall offer the employee the opportunity for defense;(4)The dignity of workers must not be impaired when economic disciplinary action is taken.In order to protect the legitimate rights and interests of laborers and prevent employers abusing economic disciplinary rights,Chapter 4 of this article will continue to discuss how to restrict the employer's economic disciplinary power.Therefore,the fourth chapter of this article will set some basic rules for employers to exercise economic disciplinary power.For example,the disciplinary body is "statutory",the disciplinary rules are clear,the burden of proof is reversed,the laborer's defense,the major economic disciplinary hearing,and labor Provide relief,etc.Based on the jurisprudence basis,power boundaries,constraints,and the right of labor relief for the employer's economic disciplinary,the last part of this paper will propose some legislative proposals for the future revision of the labor law,with a view to providing some intelligence references for the improvements to the labor law.
Keywords/Search Tags:Labor Discipline, Power of Economic Penalty, Labor Rules, Collective Agreement, Labor ethics
PDF Full Text Request
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