Study On The Determination Of The Rationality Of The Employer’s Rules And Regulations

The employer’s rules and regulations are self-governing norms for enterprises to manage internal labor activities,and are a re-arrangement of the interests of employees in the production and operation of employers.Specifically,enterprises can use rules and regulations to arrange labor tasks,provide labor remuneration,specify reward and punishment regulations,and resolve labor disputes.This kind of autonomy management regulations can also save the cost of negotiating a contract,stabilize the behavioral expectations of employees,ensure the realization of labor benefits,and promote the orderly and efficient production of enterprises.With the increasingly prominent role of the employer’s rules and regulations in enterprises’ participation in market competition,and the impact on employees has gradually deepened,and finally it has been recognized and protected by labor laws.In order to ensure the effectiveness of the employer’s rules and regulations,the law requires them to meet the procedures for democratic negotiation,public notification procedures and compliance with mandatory laws.Among them,due to the legislation and practice of collective bargaining are inadequate,and laborers ’participation in consultations lacks a guarantee mechanism.Enterprises have huge contracting advantages in the formulation of rules and regulations,and the procedural requirements leading to equal negotiation have only formalities.effect.Therefore,the employer’s rules and regulations are actually formed by “the employer in a single decision”.In addition,when an employer establishes a labor relationship with a employee,the enterprise usually informs the worker of the rules and regulations formulated in advance in the form of an attachment to the labor contract,and it takes effect upon acceptance by the employee.In this regard,more and more scholars have identified the rules and regulations of single-decision management as a stereotyped labor contract to explain its source of binding force on employees.The rules and regulations that affirm the single decision of the management are respect for the autonomy of the enterprise.However,in practice,many enterprises go beyond the limits of production and operation management,arbitrarily formulate a large number of unreasonable management regulations,and the phenomenon of "infringement of enterprise rules" appears.It is difficult to resolve the "legal but unreasonable" employer’s regulations of existing content legality requirements.So as to improve the effectiveness of the rules and regulations,restrict the employers’ arbitrary to make a single decision,and the practical need for labor rights protection,more and more referees have conducted reasonable reviews of labor cases in the rules and regulations of employers,excluding the application of unreasonable regulations by employers to employees.However,due to the inadequacy of the requirements of reasonableness in the current labor law,the ruling agency can only review the reasonableness based on the local judicial documents with inconsistent standards and low effectiveness,or directly evade the trial because the law does not explicitly provide for it.In addition,due to the lack of the judicial review standard for rationality,referees have different perceptions of rationality,and the phenomenon of "different judgments in the same case" is serious.Many local jurisdictions do not fully recognize the role of rationality review,and usually only make rationality judgments when the rules and regulations are formulated in a flawed manner.In order to solve the above practical problems in the judicial review of rationality,it should be supplemented from the level of legal norms and the standard of rationality review.At the level of laws and regulations,the requirement of “no obvious and unreasonable existence” should be added to the provisions of the effectiveness of the rules and regulations of the current judicial interpretation;for the criteria for review rationality,the principle of employees’ reasonable expectations,the principle of proportional application,and the principle of equality of labor rights,and the purpose standards,content transparency standards,occupational factors standards,industry custom standards,and public order and good customs standards should be established.with a view to the judicial review of the rationality of employment rules and regulations,to achieve the purpose of protecting employees’ interests.