On The Review Of The Rationality Of Labor Rules And Regulations Of Employers In My Country

The present countries and regions in the world are facing the problem of labor and employment.Along with the transformation from planned economy to market economy,labor and employment situation increasingly ramifications,labor relations and to the complicated and diversified direction.Is unit of choose and employ persons labor rules and regulations in order to ensure the orderly operation of the recruitment main body itself and healthy development,according to the requirements of relevant national laws and regulations and combining with the actual needs for the specification of the staff code of conduct.It is a link a bond of laborer and unit of choose and employ persons,the legitimacy and rationality directly decide whether can the harmonious and healthy development of the labor relations.For labor rules and regulations set permissions,our country"labor law"and"labor contract law"of unit of choose and employ persons support attitude,and can be directly on the basis of labor rules and regulations remove labor relations also need not give economic compensation.But because China's legislative regulations,unit of choose and employ persons labor rules and regulations formulated by the only should conform to the requirements of the law,for whether should have rational factors is not involved,so the unit of choose and employ persons in practice in order to maximize the constraints of the laborer,usually the rules and regulations formulated by the very broad,and lead to part clearly beyond the scope of production and operation.It is this form legitimate,content,the existence of unreasonable rules lead to unit of choose and employ persons and laborer to produce a large number of labor disputes and disputes,the two sides in court cases showed a trend of rising.In the face of such situation,improve labor rules and regulations of rationality review highlights its importance.To unit of choose and employ persons labor rules and regulations formulated by the rationality review not only is an important measure to protect labor rights and interests of workers,but also can standardize the order of labor and improve employment environment,but also can avoid unnecessary legal unit of choose and employ persons is in dispute.In this paper the text includes four parts.The first part,the paper expounds labor rules and regulations rationality review basic questions.Including unit of choose and employ persons labor rules and regulations connotation and introduce several main points,academic circles on the properties of rationality review the connotation and function,the necessity of the rationality review.The second part,the paper expounds the current our country labor rules and regulations system requirements in respect of rationality review and analyze the defects of behind,respectively from the current legislative regulations and local people's court issued guidance,analysis and interpretation of these system content and the deficiency of the legislation on the void.The third part,the comparison research idea respectively for France,Germany,Japan and other countries of the field of labor law is analyzed by the rules,and study their rationality and feasibility of legislation and institutional arrangements can be for us to learn from is put forward.The fourth part,aiming at the perfection of labor rules and regulations rationality review put forward the optimal solution.First determine the rationality review system from the legislation,then clear to a people's court in respect of audit main body and the subject qualification of labor arbitration department,at the same time improve labor rules and regulations for the record review and strengthen supervision measures.