Study On Disciplinary Right Of Employer

On the one hand,employers exercise the disciplinary right for the purpose of maintaining their own labor orders.As a social and economic organization,establishing strict internal rules and regulations is used by employers as an important means to maintain the effectiveness of operation and management discipline.But,on the other hand,it will also impose unfavorable sanctions on workers.If employers improperly exercise or abuse this right,the lawful rights and interests of workers could be easily infringed.With the abolishment of the Regulations on Rewards and Punishments for Enterprise Employees,there is no legal rules regulating the disciplinary right of employers,and disagreements keep arising in practice.Therefore,it is necessary to study and standardize the disciplinary right of employers.Besides the introduction and conclusion parts,the other four parts are outlined as follows.The first part is an overview of the disciplinary right of the employer.This part introduces the definition,the nature of the disciplinary right and its legal basis.by analyzing and expounding the theories of "contract theory","order maintenance theory" and "rules and regulations theory" in Labor Law,this paper holds that it is more reasonable to regard "rules and regulations theory" as the legal basis for the existence of the disciplinary right of employers under the current legal system.The second part analyzes the current situation and existing problems of the legislation of disciplinary right of employers in China.The main problems of the present legislation are as follows: the principle of exercising the disciplinary right is not clear,there lacks necessary restrictions on the causes of punishment,disciplinary measures are unreasonable,and there are no procedures for employers to exercise the right of disciplinary,and lacks effective means of supervision on and relief for abuse of disciplinary right.These problems need to be gradually solved in the future legislation and practice.The third part focuses on the extraterritorial legislation of the disciplinary right of the employer.By studying civil law and Anglo-American law's legislation and legal practice of the disciplinary right of employers,and concluding their advanced theories and institutional experience,China can learn experience to gradually improve its own according to its specific conditions.The fourth part is about the perfection of legislation on the disciplinary right of employers in China.In order to standardize the disciplinary right of the employers,first of all,the principle of exercise should be established.Secondly,the causes of disciplinary should be related to work,and the causes should focus on the obligation of workers.Then,the disciplinary measures should be reasonable.Next,it is necessary to improve the procedures for employers to exercise the disciplinary right,and ensure the realization of the justice of disciplinary by unifying the procedures for establishing,making,publicizing and implementing disciplinary.Finally,it is necessary to improve the relief for disciplined workers and make good use of the supervision role of trade unions.Meanwhile,it is necessary to include disciplinary disputes in the scope of the "labor dispute mediation and arbitration law" to ensure the implement of relief for workers.