Study On Labor Regulations In China

Labor regulations are internal normative documents that regulate labor matters based on the employer’s autonomy in order to achieve self-management.However,since Labor regulations in China are unilaterally formulated by employers,their contents may harm the legitimate rights and interests of workers according to the assumption of rational human beings,so they need to be restricted through legal,administrative and judicial supervision.At present,the relevant provisions in China’s labor legislation are relatively late and lacking,which has caused many problems in judicial practice,while the administrative supervision is not effectively implemented,resulting in frequent labor disputes and related problems need to be solved.The basic theory of labor regulations is an indispensable part of the theoretical system of labor jurisprudence and an important theoretical basis for studying the legal and practical problems of labor regulations.However,there is no unified view on its concept,legal nature and formulation mode,and there are many controversies in academic circles,so it is necessary to study them.Since the concept of labor regulations is not clearly defined in the legislation,this thesis defines them as internal normative documents that regulate labor matters based on the autonomy of the employer in order to achieve self-management.The legal nature of Labor regulations affects the legislation of Labor regulations,and they have different legal nature according to the actual situation in different countries,and this thesis proposes a dichotomy of form clauses according to the current situation in China.This thesis divides the labor regulations into five models according to the size of the right of labor and management to make them,and proposes that the current model of labor regulations in China is the "unilateral authorization and negotiation model",but the "unilateral authorization and limitation model" should be introduced.However,the restriction model in the "unilateral authorization and restriction model" should be introduced,and the negotiation ability of the labor side should be strengthened,so that the "two-party authorization model" can be established in the future,in order to give full play to the role of labor-management autonomy.On the other hand,the existing legislation in China is still inadequate,which has caused the phenomenon of different judgments in the same case to a considerable extent,which is not conducive to the enhancement of judicial credibility.By selecting the legislation of countries with the same development direction as China’s current and future labor regulation-making model,namely Japan,Thailand and Germany,and collecting the classical judicial decisions of Japan,we suggest that China can learn from three perspectives,such as strengthening the restriction of employers’ rights,strengthening workers’ right to negotiate and participate,and changing the labor regulation-making model.To sum up,China should improve the problems in labor regulations legislation as soon as possible to reduce labor-management conflicts.First,the principles of labor regulations should be established,including the principles of labor relevance,proportionality,prohibition of adverse changes,dismissal as a last resort,and protection of reliance interests.Secondly,it should provide for a hierarchy of subjects for the formulation of labor regulations and exempt small-scale units from the obligation to formulate them.Again,the democratic and public notice procedures should be clarified.Then,the basis for determining the effectiveness should be improved from three aspects: procedural defects,reasonableness and temporal effectiveness.Finally,external supervision should be implemented from both administrative and judicial aspects to ensure the legality and reasonableness of Labor regulations.