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Research On The Legislation Of The Formulation Procedure Of The Labor Regulations Of Employers In Our Country

Posted on:2020-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:C XingFull Text:PDF
GTID:2436330602956576Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
For a long time,the problem of labor relations between laborers and employers in China has not been effectively solved,and the rights and interests of laborers have been violated.The occurrence of this phenomenon is inextricably linked with the irrationality of the labor rules and regulations of employers..The employer's labor regulations are positive for regulating labor relations and regulating laborers' behavior,and are the basis and reference for handling and resolving labor dispute cases.However,in the judicial practice,the omissions and drawbacks of the employer's labor regulations in the formulation of procedures have become increasingly prominent.The disputes concerning the labor rules of the employer have become a hot topic in the academic world.It is also necessary to carry out thorough investigations and measures to be able to play a proper role in safeguarding the rights and interests of laborers and stabilizing labor relations.Based on such a situation,this paper explores the relevant legislation of the labor rules of the employers in China,and puts forward the view that the model of "communist system" does not conform to the social and economic development environment of China,and this model has not been reserved for employers.Adequate autonomous space hinders the free development of the social economy and economy.Therefore,adopting the "partial co-determination system" model and China's national conditions are more appropriate,which can not only provide protection for the rights and interests of laborers,but also retain the autonomy of employers.Free space to avoid the emergence of excessive legal interference.This paper first introduces the research background,research significance,research status at home and abroad,clarifies the necessity of research,and then introduces the relevant theoretical concepts in the labor rules of employers,and lays a theoretical foundation for the thesis.Secondly,it sorts out the legislative evolution of the labor rules development procedures of employers in China,and introduces the legislative status of the labor rules and regulations procedures.It is carried out by the procedures of democratic negotiation procedures,filing review procedures,and public announcements,and further analyzes the problems,including democracy.The definition of the negotiation procedure is vague,the procedures for filing the review process are omissions,and the procedure for publicizing the announcement lacksdetails.Subsequently,it examines the legislative situation of the extraterritorial labor regulations,and hopes to gain inspiration from it,to understand the advantages and disadvantages of Germany's "co-determination system",Japan's "single-single system" and France's "single-judgment system" and judicial practice.The value of the application.Finally,it puts forward suggestions on the deficiencies in the legislation of the labor rules of the employers in China,including the establishment of the "partial co-determination system" of the labor regulation procedures in China,as well as the procedures of democratic consultation procedures,filing review procedures,and public announcements.Perfect and optimized.It is hoped that the disputes in the legislation of the labor rules of the employers in China will be resolved effectively,and then they will fully play their role in judicial practice.
Keywords/Search Tags:Employer, Employee, Labor Regulations, Procedures, Legislation
PDF Full Text Request
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