Research On Labor Rules And Regulations

Labor disputes drive from labor rules and regulations by the employer has never stopped, so are the disputes on labor rules and regulations, whether the labor rules and regulations could be a reason of punishment on employers or for change of labor contracts? What is the propertie of the labor rules and regulations? What legal effect it has? How to build a practicable labor rules and regulations? At present, related legislation in home does not clearly enough, academic theories are at sixes and sevens. This article is on the properties and legal effect and the construct of labor rules and regulations through qualitative analysis method, descriptive study method, thinking method, also study and explore the related social phenomenan.The article have innovation in the follow aspects:The contents of labor rules and regulations put forward not only legitimate but also rationality; recommendation of labor rules and regulations filing system should be incorporated into national legislation in areas of labor regulations in order to achieve better standards and control; In addition, construction proposals also made innovative of labor rules and regulations, such as the development of the management system of labor regulations, selective review process to ensure that it applicable legal system.The article is divided into four parts:The first part, is the introduction. Introduce the articles direction:The properties and effectiveness and construction of the enterprise labor rules and regulations which based on current study status of labor rules and regulations and current legislation and social status.The second part, the properties of labor rules and regulations, divided into two parts: Section l, is the relevant 6 theories and viewpoints of labor rules and regulations:Section 2 for the author's view of the properties of rules and regulations, especially shows the view "format clauses" and make analysis, the enterprise labor rules and regulations have same aspects with format clauses in essence, the external form and the realization form and analyzes of other theories, show why does not support these theory.The third part, effectiveness research of the labor rules and regulations, divided into two parts. Section 1, list on the relevant laws and regulations which providing legal support of effect of enterprise labor rules and regulations; Section 2 is the analysis of necessary elements enables labor rules and regulations legal effect, includes four aspects:makers of the labor rules and regulations, legitimacy and rationality of the content, constituting procedure, public to workers, after these also discuss the administrative supervision of labor rules and regulations.The fourth part, is the suggestions of construction of labor rules and regulations. Include seven aspects:The drafting of the labor rules and regulations, detailed rules and regulations, give full play to the role of trade unions, legal review procedures, develop management system of labor rules and regulations, strength the existing labor regulations and written materials.