Study On The Procedural Regulation Of Employing Unit's Disciplinary Power

The value of the employer's disciplinary system is to maintain the production discipline and improve the work efficiency.But we must be careful that if the power,which can affect the rights and interests of laborers directly,isn't regulated properly,then it can be abused possibly and make the rights and interests of laborers in a vulnerable state,which can intensify the relationship between employers,and go against to the construction of harmonious labor relations.So we must be extremely prudent to the implementation of employer's disciplinary power.However,with the Regulation of Employees' Rewards and Punishment abolished,the rules of employer's disciplinary system are designed by employers themselves in employee handbook.Diluting the administrative color of employers' disciplinary power,while the high degree of authorization also brings a series of problems at the same time:first,the regulation of employer's disciplinary power of our country was no longer centralized in one specialized regulation and is distributed to the Labor Law and Labor Contracet Law,and the regulation power of the disciplinary system is greatly weakened;secondly,after the abolition of Regulation of Employees' Rewards and Punishment,the procedural regulation legislation of disciplinary power is almost blank,limited to the requirement of validity of enterprise regulation and the article 43 of Labor Contract Law,which require that employer's decision of disciplinary dismissal should notify the trade union in advance.While,according to the judicial practice,the procedural dispute of disciplinary power dispute is the focus of the controversy,and it's the practical need to solve the problem of procedural regulation.Also the procedural regulation of the disciplinary power is to make up the gap of the legal regulation from the microcosm,which is more in line with the current needs of disciplinary power regulation compared with substantive regulation.Therefore,this article takes the procedural regulation of the employing unit's disciplinary power action as the breakthrough point,combines with our country's legislation and judicial practice,analyzes the problems that exist in current procedural regulation of disciplinary power,with reference to the advanced experience abroad,and study the specific procedural provisions of disciplinary power regulation,with a view to provide useful suggestions to improve the procedural regulation system of disciplinary power.