Research On The Legal Issues Of Labor Rules And Regulations

In recent years,with the continuous development of economy and innovation of employment form,dispute cases caused by labor rules and regulations of labor showed a trend of rising year by year,The urgency of employment by law is more obvious under the background of the economic downturn.What is the nature of labor rules and regulations circle has not reached an agreement in theoretically,consequently,there are many legal problems on the content and procedures.Around these problems,This article mainly expounds from the following three parts:The first part mainly expounds the concept and characteristics,the function and nature of labor rules and regulations.Labor rules and regulations has features including labor,internal and work ability.The function of labor rules and regulations includes not only legal "law in action" and "Flexible law",but also more flexible important functions in practical.On the macro: The generation of labor rules and regulations is the vigorous development of the modern liberal economic system which caused the capital centralization,production scale and the social as well as the sophisticated division of labor.On the micro: Labor rules and regulations is the important means of autonomous right of labor chooses,which makes the internal management power and efficiency of unit of choose and employ persons,legal and reasonable labor rules and regulations can also be used as the basis for the case the referee.Current theory of mainstream theories about the nature of labor rules and regulations are Contract Theory,Legal Norms,Binary According,Collective Agreement,which can be divided into four sent 13.However,different nature of labor rules and regulations related to a series of problem of solution and result,which should be unified.After reviewing the main theories,I think that what is the nature of labor rules and regulations could not be sure.Labor rules and regulations should be divided by Binary According,cause behavior rules and special working conditions are different in scope,desirable,laborer interests.Rules and regulations of labor should get back to the regulation of behavior rules,which nature is "Soft law" under the legal authorization.Although rules and regulations of labor are not as strict as countries enacted law,which meet the employment of autonomy and maintenance of unit of choose and employ persons to protect legitimate rights and interests of workers.The second part mainly analysis existing legal problems in labor rules and regulations.Main problems of labor rules and regulations including the following aspects: First of all,Labor rules and regulations emphasis on the procedural rules,including the democracy and the public process,Ignoring what the law itself means to achieve.Law of labor rules and regulations of the procedural rules are general,lack of practical operability.Secondly,the final decision subject are not clear,"single" and "total" controversy sustain and problems emerge in endlessly,cause different interests subjects hold different opinions,which has never reach an agreement.Thirdly,the existing extension labor rules and regulations is too broad,labor rules and regulations can cover the true content of the labor law if it is comprehensive,which become the management tool and umbrella of employer.Cause it unavoidably violated the legal rights and interests of workers,the extension of labor rules and regulations necessary must be narrowed.In the end,there is illegal,unreasonable situations from the content point of view.Existing law of labor rules and regulations focus mostly on the legality of the regulation,lacking of censorship to the rationality of the regulation.Legitimacy and rationality of labor rules and regulations must be taken seriously,the law should be perfected.The third part put forward suggestions on labor rules and regulations,based on analysis the legal problems of labor rules and regulations of the second part.On the macro: the author thinks that labor rules and regulations should have a reasonable boundary,which is profound and complex,there are two reference standard: One is labor rules and regulations shall be satisfy internal and professional.The unit choose and employ persons related to the professional conduct of labor rules and regulations.The other is labor rules and regulations need to consider appropriate public policy and public interest.Labor law is a social discipline,which is effect by the influence of different social policy in different social stages and affect the social and public interests to a certain extent.And the rules and regulations of labor,as an important part of Labor law,must consider social and public policy and public interest,the unit also correspond enterprise responsibility,reduce the labor conflicts and disputes.Suggestions include: Firstly,the program of labor rules and regulations should be democratic,and play a positive role in democracy.Improving the level of laborers participation and voice in formulating labor rules and regulations.Manage and reduce the labor conflict from the source of the issue of labor rules and regulations.Focus on the public notice to workers on labor rules and regulations,push it from the notice on the form justice to essence justice in the form of the establishment procedure of labor rules and regulations.Secondly,concentrate after the implementation of democracy,clear unit of choose and employ persons having the decision of the status of labor rules and regulations,which Not only meets the need of management of unit of choose and employ persons and actual situation,but also be in line with the international trend.Thirdly,draw lessons from foreign experience,take out a combination of positive list and opposite list to narrowed the extension of labor rules and regulations,which not only meets the labor management necessary of unit of choose and employ persons,but also protects the lawful rights and interests of workers against infringement.Finally,content of labor rules and regulations should not only legally but also reasonable,labor rules and regulations should be pay more attention to the protection of human rights,and be reviewed on its rationality,according to the job,the nature of work and proportion principle.