Research On Legal Regulation Of Enterprise Disciplinary Right

Enterprise disciplinary rights refer to the right of enterprises to economic or non-economic disciplinary actions made by employees who violate labor discipline in accordance with their internal labor rules and regulations.,demerits,major demerits,demotions,dismissals,probation,dismissal and one-time fines are the basis for enterprises to exercise disciplinary powers,but after the abolition of the regulations,the legislation did not regulate the nature,content and exercise procedures of corporate disciplinary powers.until clearly defined.Although the "Labor Law" and the "Labor Contract Law" affirm that enterprises have the right to formulate rules and regulations,in judicial practice,whether enterprises have the right to punish laborers for disciplinary violations for the purpose of maintaining production order to ensure the implementation of labor regulations has arisen.differences of opinion.Due to the blank provisions of the law on corporate disciplinary rights,in judicial practice,corporate disciplinary rights are generalized and abused frequently,and judicial adjudication also lacks uniform standards,which is undoubtedly not conducive to the establishment of judicial authority and the construction of socialist harmonious labor relations..Therefore,it is the future to clarify the reasons for the abuse of the disciplinary power of enterprises,to clarify the problems existing in the process of exercising the disciplinary power of the enterprise in practice,to clarify the reasons and scope of the exercise of the disciplinary power,to strengthen the legal regulation of the disciplinary power of the enterprise and to improve the remedies for the workers.The proper meaning of legal regulation and development of enterprise disciplinary rights.The thesis is based on reality and is divided into four parts except for the abstract and the introduction.The first part clarifies the meaning of enterprise disciplinary rights,summarizes the disputes over the nature of corporate disciplinary rights in practice from real cases,and clarifies the necessity of legal regulation of corporate disciplinary rights.Through case analysis and comparison,it summarizes the current problems existing in enterprises exercising disciplinary rights,and discusses the problems on the basis of clear research objects and research directions;the second part focuses on the legal reasons for the above problems.Carrying out research,starting from the current legislative status of the legal regulation of corporate disciplinary rights,pointing out the current deficiencies in legal norms,leading to the abuse of corporate disciplinary rights caused by the lack of legal regulations,and pointing out that the legal regulation of corporate disciplinary rights should also be improved.Focus on the shortcomings;the third part focuses on the reference and inspiration of the legal regulation of the disciplinary rights of foreign enterprises,and learns from the advanced experience of Germany,France and Japan,which have relatively perfect legal regulations on the disciplinary rights of enterprises.,combined with China’s national conditions to explore the legal regulation system of corporate disciplinary rights that is suitable for China’s development status;the fourth part,on the basis of summarizing and undertaking the above-mentioned problems and experiences,from the perspectives of entity,procedure,supervision and labor relief,the corporate disciplinary Some pertinent and feasible suggestions are put forward to improve the legal regulation of rights.On the one hand,it has important practical significance for guiding the judicial practice of the disciplinary power of enterprises in my country,and ensuring judicial fairness and judicial authority.and practical significance.