Research On The Enterprise's Disciplinary Power

The specific provisions of the employing unit disciplinary power, in 1982, the implementation of the "enterprise employees rewards and punishment regulations". However, with the abolition of the "Regulations on rewards and punishment of enterprises", in the existing legal framework, the use of the unit's disciplinary power is the lack of detailed and specific provisions. For the employing unit, disciplinary action is to maintain a very effective system of corporate order. But for the workers, the disciplinary action not only means may result in the loss of economic interests, and of their own produced bad evaluation, and extended to the future. In the process of maintaining labor relations, some employers frequently fine, seriously infringed upon the rights and interests of workers, causing a lot of labor disputes, affecting the stability and harmony of society. When the dispute arises, the need to apply the law to defend or referee, but found that the market economic conditions of labor relations in the new situation and new problems of policy and regulations almost completely blank. Legal and policy itself due to existence of loopholes, around the actual execution of the judgment standard, causing confusion in labor dispute adjudication practice, and appeared a variety of judgment, serious impact on the labor dispute cases in a timely and effective handling and labor dispute adjudication authority, so that workers and employers at a loss as to what to do. Therefore, it is necessary to collate and analyze the relevant laws and policies. Disciplinary system on the one hand, it plays an active role in ensuring the production and order of enterprises. But on the other hand, the punishment is the right of workers in the impairment, in practice, it is easy for enterprises to abuse. Under the existing legal framework to redesign the disciplinary system, in order to ensure the legality, validity and rationality of the disciplinary measures, to protect the rights of workers from the abuse of the right to abuse acts of abuse, far-reaching significance.This paper is divided into four parts. The first part gives a brief description of the sun fine withholding business case, and summed up the existence of the case enterprise right of punishment is legal basis, and subject to disciplinary boundaries exercise workers how to remedy the three focus of dispute; the second part is the outline of enterprise exercise legal basis of disciplinary power, the analysis of the basic theory of nature, the punishment power of enterprise controversy, and introduces the enterprise labor rules and regulations constitute legal basis of disciplinary power enterprises; the third part describes the limits of exercising the right of punishment of enterprises, including enterprises, to standardize the exercise of disciplinary authority for the reasons and the ways to exercise, and puts forward concrete suggestions; fourth part of the general analysis of the relief program workers subject to disciplinary problems, puts forward improvement measures. From the workers' complaints and relief two aspects In order to provide effective reference for practice, the implementation of Shen Suquan, the sound appeal mechanism and so on.