Research On Disciplinary Power Of The Employing Unites

At present,China’s current labor legislation,although not explicitly put forward the term of the employer’s right to discipline,but in the "Labor Law" and "Labor Contract Law" which have given the employer can develop rules and regulations,that employers can develop the appropriate rules and regulations on the basis of their selves.The rules and regulations include incentive measures,and workers have to comply with the rules and regulations of the obligation.However,the legislation give the right to the employer,it forgets to restrict the exercise of the employer for the right to discipline,which makes the discretion of the employer is unlimited amplification,and the possibility of abuse of authority increased sharply.Coupled with the majority of workers’ awareness of rights is not strong,even if the unfair punishment,as long as not dismissed,the general situation will choose tolerance,which also exacerbated the employing unit abuse of disciplinary behavior.Labor legislation gives the employer the right to formulate rules and regulations in order to promote the development of units to protect the employer’s labor autonomy,but now it becomes a tool against the legitimate interests of workers,which is absolutely cannot be tolerated by the law.If such a situation continues to occur,labor conflicts will be intensified,as a result,it will inevitably occur mass violence,which will affect social stability and harmony.It is necessary to fill the gaps in our legislation and to play an important role in the whole labor law community.On the basis of predecessors’ research,this paper expounds the disciplinary action of the employing units,and research basic theory o.f the right to analyze the current legislation in China,and by drawing on the advanced theory and practical experience of other countries to improve the legal system of the punishment of our employer.This article mainly uses the literature research method and the comparative research method.The author collects the relevant theoretical works and legal provisions of the disciplinary power,and reads laws,regulations such as the Labor Contract Law and the Labor Law,and the articles related to the disciplinary power of the employing units to form their own understanding and understanding.The author points out that the legislation of our country should first clarify the limitation of the system of disciplinary power of the employing unit,and then clarify the means and causes of the disciplinary action,third,perfect the procedure of exercising the right of punishment,and last,supervise the exercise of the right to discipline.The basic framework of this paper is divided into:The first chapter introduces the research background and significance of this paper,besides,it concludes the research status,research methods and innovation at home and abroad.The second chapter is the theoretical elaboration of the system of disciplinary power.Through the understanding of the concept and characteristics of the disciplinary power of the employing units,the author gives a unique view of the nature of the disciplinary power,that is,the nature of the disciplinary power should be combined with the combination of the tenure and the contract.A single scholar can not fully reflect its nature.The third chapter expounds the stipulation of the system of disciplinary power of our employer,and discusses the provisions of the current legislation on the disciplinary power of the employer.We can see that the provisions of this system is very small and the development is backward,no doubt there are more problems and there is a lot of room for improvement.The fourth chapter introduces the inspection of the disciplinary power through the law of Germany,France,Japan,it is easy to see that although foreign legislation for the specific means of punishment is different,they all have made some restrictions,and stipulate about the disciplinary power procedures,which is worthy for us to learn.In the fifth chapter,in order to solve the problems existing in the system of disciplinary power of our employer,this paper puts forward some suggestions:in the substantive law,it stipulates the principles,means and causes of the exercise of the disciplinary power.In the procedure law,it should make clear how to establish and use the right about disciplinary power,and make sure the right of the exclusion period has been confirmed;in the supervision of relief,the criminal dispute will be fully incorporated into the scope of labor disputes,and the court need improve the supervision of the employer rules and regulations.The innovation of this paper is:firstly,the author absorb and draw lessons from the experience of previous studies,and analyze the nature of the disciplinary power of the employing units and reconsider it.On this basis,the author put forward that the nature of the disciplinary power should combine the inherent right and the contract so as to be more accurate to reflect its essence.Secondly,this paper argues that the legislation should limit the disciplinary measures that can be used by the employing units.The law should reconstruct the system of disciplinary measures and increase the relief of the rights and interests of the laborers,and improve the judicial review of the employer’s rules and regulations.