Criteria For Serious Violation Of The Rules And Regulations Of The Enployer

The issue of unilaterally relieving labor relations by the capital has been the focus of the dispute between labor and capital.The most often cited "serious violations of the employer's rules and regulations" clause is more controversial.To explore the cause of the dispute,the lack of the identification standard of "serious" violation of discipline is a big sticking point.Therefore,the research object is the identification standard of serious violation of rules and regulations.This paper summarized and sorted out the serious violations of discipline in Shanghai in the past four years through case analysis,comparative analysis and other methods.The article expects to sum up the effective criteria for determining the "serious" degree of violation of discipline.Through the cases of different results of the same fact,the first part of this paper shows that the standard of identifying the "serious" degree of violation of discipline is of great importance to practice.After combing the relevant legislation of serious violation of discipline,the article analyses the influence of the particularity of labor relations on the unilaterally relieved labor relations of the capital.It outlines the employer's rules and regulations and the termination of labor contract,and then explains the dilemma of identifying "serious" violations in theory and practice.The second part of this paper makes a classification of the serious violation of the labor contract,and it uses a large number of cases to demonstrate several common reasons for the dismissal of the workers' serious violation of discipline.Through comprehensive analysis,several factors and their application in judging the "serious" degree of violation of discipline are obtained.The third part of this paper puts forward some suggestions and expectations for determining the severity of discipline violations from the aspects of employee behavior,specific conditions of workers,specific circumstances of employers,comparative analysis and other special cases.