Research On Legal Regulation Of Punishment Right Of Employer

In order to uphold labor order, labor disciplines are stipulated expressly in enterprise’s regulations and rules. Meanwhile, disciplinary measures are also stipulated obviously if employees violate labor discipline.According to the standpoint of internal legislation at present, the right of enacting labor discipline, labor rules and regulations is entitled and it’s validity is also confirmed by law.However, the legitimacy of it is not verified whether the employees can be punished if they violet the labor disciplines How ever, the disciplinary action can be seen everywhere,as well as it’s abusing. In this article, on the basis of twelve typical cases, research the legal nature, legal limits and illegal benefits of abusing of punishment measure.There are two options of punishment measure, positive and negative.Positive option covers inherent right contract、collective agreement、specification、order maintenance. In fact, disciplinary system of employer is a special contractual relationship by nature, which is derived from the labor relation between employer and employees, in the sense of private law. The right of the employers is stipulated by law. It is a necessary punitive measure for the actions when labor relation is broken, which means that it is a kind of a special contract which is signed with employer on the basis of labor affiliation. When the labor obligations or labor obligations are not fulfilled properly by the employees, the right of punishing employees can be empowered according to the special contract, and then the labor order of employers can be defended.In reality, disciplinary system is widely used in labor rules and regulations of employer.In terms of punishment power law limits, it should be to punish is complementary,give priority to education. Punishment power is the means of maintaining the order of their labor, for the consideration shall be given appropriately. Punishment measure should be not overly burden laborers. When one broke the labor discipline, others should not be punished.Everyone should be punished equally on the same behavior.if one broke the rule long time ago,there are no sense to punish at present,he should be forgiven.At present, the feasible way to normalize employer exercising disciplinary authority is that some stipulations of principle about how to use disciplinary authority should be put out,such as: laws, judicial interpretation, administration regulation, policy and so on. After disciplinary authority being abused, some relief approaches are provided to employees by existing law, policy and some other rules, including complaining, appealing, reporting,negotiating with employer, applying for mediation to relevant organizations, applying for arbitration to the labor arbitration department and accessing to court.However, only parts of disciplinary measures is about the relief claimed by employees claim aims at.Meanwhile, the goal of safeguarding their legal rights can’t be achieved effectively.the following specific measures are used to relief abusing of some specific disciplinary actions,such as: establish disciplinary and relief mechanism inside of the employing unit, give labor monitoring group relief responsibility of disciplining when employer breaks the law,include the controversy that caused by disciplinary measures into litigation range.