On The Judicial Determination Of Laborers' Serious Violations Of The Employer's Rules And Regulations

"Labor law of People's Republic of China"(abbreviation "labor law")article 4 regulation: unit of choose and employ persons ought to establish and perfect regulation system lawfully,safeguard laborer enjoys labor right and fulfil labor obligation.The labor contract law of the People's Republic of China(hereinafter referred to as the labor contract law)stipulates in the first paragraph of article 4: the employing unit shall establish and improve the labor rules and regulations in accordance with the law,so as to guarantee the laborers' enjoyment of labor rights and performance of labor obligations.According to labor legislation regulation,unit of choose and employ persons ought to establish unit of choose and employ persons rules and regulations,this is its to strengthen labor management,coordinate labor relation,maintain normal production management order necessary condition.In order to strengthen the rules and regulations of the employing unit compulsory binding force on the workers,the labor legislation will seriously violate the rules and regulations of the employing unit as one of the legal reasons for the employing unit to exercise the termination right.However,China's labor legislation has no further provisions on the basis and standard of recognition of workers' serious violation of the rules and regulations of the employing unit.In judicial practice,the court has different judgment on the "serious" degree of laborers' violation of the employer's rules and regulations in such disputes,and there are differences in which factors should be taken into consideration in judicial confirmation.Therefore,"the judicial confirmation of the employee's serious violation of the employer's rules and regulations" has become the research object of the thesis.This paper mainly includes four chapters:Chapter one: introduction.This part mainly introduces the research background,research purpose,research significance,research status at home and abroad and the main content of the article.Chapter two: the summary of the employee's serious violation of the employer's rules and regulations.Firstly,the connotation of the employer's rules and regulations is studied.Define the concept and characteristics of the employer's rules and regulations,explain their legal effect,demonstrate the theoretical basis of their legal effect and analyze their effective elements.Secondly,the interpretation of severity in the general sense and from the perspective of jurisprudence.Chapter three: the analysis of the current situation of the judicial cognizance of the laborer's serious violation of the employer's rules and regulations.The chapter consists of two parts.The first is the practice investigation of the judicial cognizance of the laborer's serious violation of the employer's rules and regulations.Based on the cases retrieved from the website of China adjudication documents,case statistics and overall summary are firstly made,followed by sample case analysis.Second,our country laborer seriously violates the unit's rules and regulations the judicial cognizance existence question.Based on the case analysis,this paper summarizes and analyzes the existing problems from four aspects: unclear legal provisions,inconsistent recognition standards of severity by judges,non-positive response of judges to recognition of severity,and different treatment standards of labor and capital interests by judges.Chapter four: to improve the judicial cognizance of the employee's serious violation of the employer's rules and regulations.Its path basically includes four points: first,perfect current labor legislation provision.Second,examine the legality of the employer's rules and regulations.Third,the judge's determination of severity criteria.This paper mainly introduces the reasonableness review of severity.Fourth,we should focus on protecting the legitimate interests of workers.