Research On Disciplinary Right Of The Employing Unites

For a long time,the employing units in our country mainly punish the workers on the basis of the Regulations on Reward and Punishment for the Employees of Enterprises.On January 15,2008,after the repeal of the Regulations on Rewarding and Punishment of Enterprise Employees,there is no explicit provision on whether the employer has the right to punish,and only part of the relevant content is scattered in the Labor Law of the People’s Republic of China and the Labor Contract Law of the People’s Republic of China.Looking from the current domestic legislation,the law endowed the unit of choose and employ persons to be able to formulate the right of rules and regulations,and the laborer has the obligation of abiding by the rules and regulations of the unit of choose and employ persons.However,while the legislation endows the power of employers,it does not stipulate how to limit the power of punishment of employers,which enlarges the discretion of the easy users and increases the possibility of abuse of power.If the abuse of authority continues to be allowed,the contradiction between labor and capital will be intensified,and ultimately affect the harmony of the society.On the basis of the existing research results and the actual situation of our country,this paper puts forward some suggestions on how to perfect the punishment power of employers.This paper mainly elaborates the punishment power of employers from four parts:The first part elaborates the basic theory of the punishment power of the employer.First is the basic definition of the employer’s punishment power,then analyzes the different theories of the source of the employer’s punishment power,and finally analyzes the necessity of improving the employer’s punishment power from the three aspects of improving the production efficiency of the employer,maintaining the production order and reducing the dismissal.The second part of the employer punishment power of foreign legislation on the evaluation.It mainly elaborates the relevant provisions of foreign employers’ power of punishment.It can be seen that Germany,France and Japan have made detailed provisions on the causes and means of punishment power.In terms of the exercise procedure of punishment power,Germany and Japan are more strict,while France is relatively lax.The third part analyzes the current legislative situation and existing problems of the power of punishment of employing units in China.First of all,it expounds the current legislative status of the power of punishment of employing units in our country,and then discusses the problems of the power of punishment of employing units at the present stage,including the vague cause of punishment of the power of punishment of employing units,the means of punishment is not clear,the conditions of exercise is not clear and the vacancy of procedures.The fourth part is the suggestion of perfecting the punishment power of the employing units in our country.It mainly analyzes the entity,procedure and legal supervision of the power of punishment of the employing unit,and puts forward concrete suggestions.Through continuous improvement of the content of the power of punishment of employers to make it more reasonable and standardized in practice,effectively reduce the violation of discipline behavior of workers,so as to effectively avoid the contradiction between employers and workers.