Research On Legal Regulation Of Employer’s Disciplinary Power

Behind the rapid economic development of our country is undoubtedly the hard work of countless laborers.However,it should also be noted that although the "Labor Law" and "Labor Contract Law" and other laws and regulations have been implemented for many years and new judicial interpretations have been issued continuously,employment situations that do not comply with labor laws and regulations still exist in real life.The disciplinary power of the employer is like a double-edged sword.Standardized use is conducive to ensuring the order of production and operation,and arbitrary abuse will have a negative impact on workers.However,in detail,there are not many legal provisions concerning the disciplinary power of the employer in the current labor law field,and the theoretical research is not comprehensive and in-depth.In practice,the number of labor dispute cases due to the irregular punishment or even abuse of the disciplinary power of the employer is increasing.Restricting the disciplinary power of employers and preventing their abuse has become the focus of research.Focusing on this,this article attempts to base on the existing research results,combined with domestic and foreign legislation and my country’s national conditions,analyze the problems existing in the disciplinary power system of employers in our country,and provide relatively systematic solutions,in order to improve the disciplinary power system.Benefit.The following is the basic framework of this article:The first part: An overview of the basic theory of disciplinary powers of employers and an analysis of the necessity of legal regulation of disciplinary powers Firstly,start from the definition and clarify the related concepts of disciplinary power;then summarize the nature and theory of disciplinary power,and determine the source basis of disciplinary power from the legal theory;finally analyze the specific meaning and legal basis of legal regulation of the disciplinary power of the employer.The second part: The status quo and problems of relevant legal regulations.Point out the current legislative status of the disciplinary power system,combined with case analysis,and focus on revealing the loopholes in the current disciplinary system that is not strictly regulated.Part Three: Make specific suggestions.Absorbing the advanced design of legal regulations on disciplinary powers in Germany,France,Japan and my country’s Taiwan region,starting from the two aspects of entities and procedures,combining supervision and relief channels,starting from the current situation of my country’s national conditions,propose solutions to the problems existing in the disciplinary power system,It is hoped that it will help to improve my country’s disciplinary system.