Research On The Rationality Review Of Corporate Rules And Regulations

Since the establishment of labor relations between enterprises and laborers,enterprise rules and regulations have become an important tool to link enterprise management behavior and labor behavior,and play an important role in the daily actual employment of enterprises and related labor disputes.The root cause is that China’s Labor Law and Labor Contract Law endows enterprises with the right to formulate enterprise rules and regulations by themselves,which means that as long as the formulation procedure and content of enterprise rules and regulations conform to the legal provisions,workers must abide by the rules and regulations.Therefore,in practice,in order to maximize corporate interests,some enterprises formulate enterprise rules and regulations that are too broad or even obviously beyond the reasonable scope of their normal production and operation.What’s more,in the current judicial judgment about whether the content of the enterprise rules should have rationality of labor dispute cases increased year by year.In the absence of legislative support,some authorities turned a deaf ear to this kind of dispute,some referee authority explore actively,they support that the content of enterprise rules and regulations should be rational,but about the review standard of the the rationality they do not make a further explanation.In the face of the status quo,to reduce the occurrence of labor disputes,whether the enterprise rules should have rationality,the referee authority in the labor dispute whether it should be in addition to review the legitimacy of the enterprise rules and regulations and shall review its rationality and if allowed to review its rationality and what criteria should be based on the rules and regulations of the enterprise the problem such as a review,urgently needed in the legislative solutions are obtained.The author thinks,the enterprise rules and regulations should be rational,regulations and examine the rationality of the enterprise can not only protect the lawful rights and interests of workers are not wanton damage,and standardized the order of the enterprise of labor and the management behavior,improve the current labor relations deteriorating situation,avoid enterprise into unnecessary labour disputes.Based on this,the purpose of this article is how to improve the rationality review system of enterprise rules and regulations in our country on the basis of achieving the balance of enterprise punishment power and laborer’s right to employment,as well as the balance of judicial intervention and labor autonomy.In the first part,the connotation of enterprise rules and regulations is analyzed.Firstly,the nature of the enterprise rules and regulations is summarized and analyzed to discuss the significance of the rationality review.Secondly,the concept of rationality review is defined from the reasonableness principle,judicial equity theory and the difference between the rationality review and the legality review.In the second part,the necessity of the rationality review of enterprise rules and regulations is analyzed from the perspective of the significance of review and the actual judicial situation.In the third part,from the current existing legislative status,judicial practice and law enforcement problems and difficulties in the review of the rationality of enterprise rules and regulations in our country,and explain the underlying causes.In the fourth part,suggestions for the improvement of the review of the rationality of the enterprise rules and regulations of our country are proposed.The corresponding suggestions are put forward from the perspectives of the right of review,the standard of review,the subject of review,the responsibility of review result and the supervision of review.