A Study On The Standards Of Judicial Recognition For Laborers Seriously Violating Rules And Regulations

Employers formulate labor rules and regulations in accordance with law to organize their production and business activities and carry out labor management.The mistakes made by employees in fulfilling their labor contract obligations are the basic reasons for the employer to exercise disciplinary power.To determine whether the employee ’s behavior conforms to the fault determination,the main basis in reality is the internal rules and regulations formulated by the employer.Article 39 of the “Labor Contract Law of the People ’s Republic of China” stipulates six situations in which employers can immediately terminate labor contracts,but because of the closed enumeration of the reasons for dismissal,the second criterion of more serious violations of regulations seems to be becoming the pocket reason for the employer to terminate the labor contract.This article analyzes the current legislative status of Article 39 of the "Labor Contract Law" and the current status of the court’s application of this law in judicial practice.It is concluded that the root cause of the application dilemma is the lack of certainty judgment standards.The legislative value and legal basis of the establishment of the system set out to explore ways to solve this problem,and provide some suggestions for the improvement of the relevant legal system.There are five parts in this article.The introduction part introduces the current dismissal disputes in China’s labor market by discussing cases of labor disputes that are more widely influenced by public opinion,and combs the research progress on fault dismissal systems at home and abroad,and determines the research scope and research methods for the whole paper.The first part selects some cases of fault dismissal related to serious violations of rules and regulations,makes an empirical analysis of judicial precedents,and summarizes the judgment logic of the current trial organ in applying Article 39,paragraph 2 of the Labor Contract Law.On the premise of the phenomenon of different judgments in the same case,the core problem of this study is raised-due to the serious violation of the rules and regulations,the standard of determination is unknown,which leads to the existence of judicial dilemma in practice for the cause of dismissal of this fault.The second part sorts out the current legislative provisions concerning faulty dismissal in the case of serious violations of the rules and regulations,and summarizes the legislative deficiencies in the current legal provisions such as the abstract expression of the law and the lack of substantive rules.Taking the entire logical sequence of the application process as the direction,from reviewing power disputes,to avoiding the current situation of application,to the lack of rationality of the review results,the whole process is sorted out,and the judicial application results that lead to the fault dismissal system are not basically stable.The reason for this is that the standard for determining that a worker has seriously violated the discipline and reached the level of dismissal is still absent.The third part clarifies the related concepts of the laborers’ serious violation of the rules and regulations of the employer,and clarifies the conditions under which the rules and regulations can be used as the basis for the employer to dismiss the workers.Furthermore,the legislative value and legal basis of the establishment of the fault dismissal system are clarified,which provides theoretical support for the construction of the follow-up inquiry standard framework.Then,the second paragraph of Article 39 of the Labor Contract Law is compared horizontally with several others,and the uniqueness of the reasons for the faulty dismissal in the case of serious violations of rules and regulations is analyzed,and the identification standard is refined for the next section Provided directions.The fourth part puts forward the corresponding ideal construction of judicial application in view of the current situation of the lack of identification standards leading to the application dilemma.This article believes that judges should use discretionary power to make comprehensive judgments from both subjective and objective aspects in judging whether laborers’ behavior violates the rules and regulations of the employer.