On Judicial Determination Of Workers’ "Serious Violation Of Rules And Regulations"

According to the constitution,labor is not only a right enjoyed by Chinese citizens,but also an obligation of Chinese citizens.The exercise of citizens’ labor rights and the fulfillment of labor obligations need the protection of laws and regulations,and they are inseparable from the guidelines of the rules and regulations of the employer.Employing unit rules and regulations are the highest code of conduct within the unit and the fundamental compliance of all behaviors of workers during working hours.In order to protect the legitimate interests of employers,my country’s "Labor Contract Law" grants employers the right to unilaterally terminate labor contracts in the event that employees "seriously violate the rules and regulations of the employer." However,there is no clear standard in my country’s law as to what constitutes a "serious violation of rules and regulations." In practice,employers frequently use this clause as the basis for recklessly rescinding labor contracts.This article takes four typical cases of labor disputes in China as an entry point,conducts empirical analysis by integrating relevant precedents in 2020,summarizes the focus issues,analyzes the status quo of the judicial system,and proposes suggestions for perfecting judicial identification standards,with a view to helping to reduce differences in judgments.Except for the introduction and conclusion,the main content of this article consists of four parts,as follows:The first part is the introduction of typical cases.By introducing four typical labor dispute cases in judicial practice,analyzing the commonalities and characteristics of similar cases,comparing the reasoning content of court judgments,summarizing the focus of the dispute,and preliminarily proposing the “ serious violation of the rules and regulations of the employer” against workers Identify the existing problems in the judicial trial field.The second part is empirical analysis.Through specific selection rules,select a representative sample of judgment documents,perform statistical analysis on the sample,and discover problems from the statistical data.The third part is the analysis of judicial decisions.Combining a large number of cases,sorting out and categorizing the problems exposed in judicial practice,and summarizing the validity of the rules and regulations of the employer in the judicial trial,the "seriousness" of the laborer’s violation of the rules and regulations of the employer,and the criteria for determining the procedures for the employer to terminate the labor contract Different real problems.The fourth part is suggestions for improvement.According to the issues mentioned in the previous article,it is proposed to clarify the content of the rules and regulations of the employer,clarify the democratic agreement procedures and formula notification procedures of the rules and regulations,clarify the "seriousness" criteria,standardize the procedures for the employer to terminate the labor contract,and strengthen the prior supervision of the labor department five recommendations.