An Empirical Study On The Legitimacy Of Enterprise Labor Rules And Regulations

With the development of China’s Internet economy,the social division of labor is increasingly complex,enterprises through labor rules and regulations for internal management,workers accept the constraints of labor rules and regulations,so labor rules and regulations have gradually become an important basis for labor and management activities of both employers and employees,and its importance has become increasingly prominent.Labor rules and regulations are related to the labor and survival of workers,and restrict the behavior of workers,so we can not blindly give enterprises autonomy,only legal labor rules and regulations can promote the balance of labor and management.However,the content of regulations in our country’s existing labor laws and regulations is too simple to elaborate,the phenomenon of enterprise abuse of the right of dismissal has become common,the labor rules and regulations formulated by enterprises seem to have become the tool of internal "rule",social contradictions follow.Therefore,it is necessary to strictly restrict the behaviors of enterprises that violate the rights and interests of workers by arbitrarily formulating labor rules and regulations,so as to urge enterprises to formulate labor rules and regulations that are legal and compliant and in line with public order and good customs,alleviate labor-capital conflicts,promote the long-term development of enterprises,and truly achieve a win-win model of protecting workers and respecting the management rights of enterprises.The key to the problem lies in which standard to judge the legitimacy of enterprise rules and regulations and how to solve the application of labor rules and regulations in labor disputes,which not only relates to the vital interests of enterprises and workers,but also plays an important role in the development of the whole society and the smooth operation of the economy.The article consists of the first chapter introduction,the second chapter overview of labor rules and regulations,the third chapter empirical case analysis,the fourth chapter causes the difficulty in defining the legality of rules and regulations,and the fifth chapter regulation opinions and conclusion.The first chapter mainly summarizes the main research content of this paper,domestic and foreign research status,and then leads to the main body.The second chapter mainly expounds the concept of enterprise labor rules and regulations and the necessity of the definition of legality,and sorts out the relevant laws and regulations concerning the legality of labor rules and regulations.Chapter 3: The author searches and collates the second instance judgments involving Article 4 of the Labor Contract Law in Jiangxi Province during the four years from2018 to 2021,revealing the basic situation and general law of the application of Article 4 of the Labor Contract Law in Jiangxi Province,thereby reflecting the two difficulties faced by the definition of the legality of labor rules and regulations.Second,the court’s discretion standard is different.In Chapter four,the author analyzes the reasons why it is difficult to define the legality of labor rules and regulations in enterprises.The main reason is that enterprises,judicial organs and academic circles lack a unified and clear position on the nature of labor rules and regulations.In this part,the author will enumerate the mainstream views on the nature of labor rules and regulations,analyze their desirability and defects,and elaborate their own views.At the same time,unclear legal provisions and the influence of traditional civil law concepts are also important reasons for the difficulty in defining the legitimacy of labor rules and regulations in practice.In the fifth chapter,the author proposes a set of criteria for defining the legitimacy of labor rules and regulations through the analysis of the problems and causes mentioned above,mainly from the three perspectives of the logic,entity and procedure of the legitimacy.