Research On The Legal Regulation Of Employer’s Disciplinary Power

Although the current labor legislation in China does not explicitly put forward the term of disciplinary power of employers,both the Labor Law of the People’s Republic of China and the Labor Contract Law of the People’s Republic of China stipulate that employers have the right to formulate rules and regulations,and under certain circumstances,employers also have the right to unilaterally terminate contracts and transfer jobs to workers.The legislation does not clarify whether it is justified for employers to punish workers who violate rules and regulations and labor discipline,nor does it stipulate how to restrict employers from exercising disciplinary power,which makes the possibility of abuse of employers’ authority rise sharply.In addition,most workers’ awareness of safeguarding their rights is not strong,and even if they are unfairly punished,as long as they are not fired,they will generally choose to keep quiet,which also aggravates the abuse of disciplinary power by employers.If this situation is allowed to continue,the contradiction between labor and capital will be intensified,which will affect the stability and harmony of society.The text was based on a legal basis for analyzing legal regulations on the disciplinary rights of users,and retrospectively summarized the historical provisions,current legislation and deficiencies of legal regulations concerning the disciplinary rights of users in Japan,and submitted and argued rational proposals on how to complete legal regulations on the disciplinary rights of users in Japan,referring to the relevant legislative experience in Germany,France,and Japan.For example,establishing the principle of exercising the user’s disciplinary rights,setting reasons and means for exercising the user’s disciplinary rights,establishing procedures for exercising the user’s disciplinary rights,and strengthening the exercise of disciplinary rights against the user.