Research On Employer's Instructional Right

The characteristics of the continuation and incompleteness of labor relations make the employer have the right to determine certain rights and obligations unilaterally.This right is called the "employer's instructional right" The employer's instructional right owned by the employer is the means to specify the content of the labor contract.In terms of the related issues of the employer's instructions,there is no detailed discussion on theoretic perspective.On the basis of summarizing the existing literature and practical experience,and combining the author's judgment and thinking,this paper analyzes and studies the issue of "employer's instruction right",expounds the nature and characteristics of the instruction right,and discusses the ways to restrict the employer s instructions.The concept of employer's instructional right means that the employer further clarifies the labor obligations of the laborer according to the method,time,place,etc.,to give instructions for determining labor.This section analyzes the legal basis,nature and characteristics of the employer's right to indicate,and compares the concepts which are easily confused with employer's direction.Besides,the author also tried to analyze the change and development of the employer's directive in the new era.The author believes that the exercise of employer's instruction rights must follow the following principles:the principle of proportionality,the principle of labor contract as the benchmark,and the principle of limited negotiation.The requirements for employers to exert the employer's instruction right include the legal employer's qualification,and that the employer needs to have the need and necessity to exert the employer's instruction.And the end of this section describes the consequences of the laborer's refusal to accept the legal instructions of employers.Then the author thought the restrictions on the exertion of the employer's instruction.Firstly,from the perspective of employees,it explains the restrictions and restrictions on the exercise of the employer's instruction right.Secondly,it discusses the restrictions on the exert of the employer's instruction right by other subjects other than employees,mainly from the trade union,the legislation,the labor monitoring department,and explores how the external subjects protect their rights.Lastly,the legal consequences of the abuse of employer's instructions are raised,and the issues of responsibility for the misuse of employer's instructions needs to be clarified.Workers face the abuse of employer's instructions and need to analyze their remedies.The author introduces the "presumption of dismissal" system,and believes that employees have the right to unilaterally terminate the labor contract on the grounds that the employers abuses the instruction right.In addition,the public law responsibility for the abuse of employer's instruction rights was also studied.This paper hopes to promote the harmonious development of labor relations through the study of employer's instructions,so that the interests of both employers and employees can be maintained.