Research On The Legal Regulation Of Disciplinary Right Of Employer

The right of punishment is a right for enterprises to punish and educate workers who violate rules and regulations.Since the abolition of the regulations on rewards and punishments for enterprise employees in 2008,China has no direct and systematic legal norms to regulate the right of punishment.In recent years,there have been many cases of enterprises abusing their disciplinary rights,which has aroused widespread concern in the society.There are more and more discussions on regulating the disciplinary rights of enterprises in the academic circles.It is of great significance to re regulate the punishment right of enterprises,to protect the rights and interests of workers,to maintain the harmony and stability of labor capital relations,and to improve the production and operation efficiency of enterprises.Apart from the introduction and conclusion,the paper is divided into four parts,with a total of 40,000 words:The first part is the basic theory of the legal regulation of enterprise disciplinary rights."Punishment" means "punishing mistakes and warning the future".When discussing the punishment right of enterprises,the punishment here should be classified as community punishment under the broad concept of "community".Since the abolition of the regulations on rewards and punishments for enterprise employees in 2008,China’s enterprise punishment has completely evolved into social sanctions.The legal nature belongs to community punishment.Based on the incompleteness of the punishment basis,this punishment right belongs to private law sanctions of the nature of breach of contract.Punishment is a necessary means for an enterprise to realize effective employment management.At the same time,the reason why an enterprise only has the right to punish its internal workers is that the enterprise has signed a labor contract with its internal workers,and both parties have a labor relationship.Therefore,the view of integrating the inherent right theory and the contract theory can better explain the source of the right of enterprise punishment.The second part,the relevant legislation and problems of the regulation of enterprise disciplinary rights in China.After the repeal of the regulations on rewards and punishments for enterprise employees,China has no special legislation on enterprise Punishment Rights.The provisions on enterprise punishment rights are scattered in the labor law,labor contract law,labor dispute mediation and Arbitration Law and other laws and regulations and judicial interpretations,mainly involving rules and regulations,labor discipline,unilateral termination of labor contracts by enterprises,supervision and relief,etc.Combing the legal provisions on enterprise disciplinary rights,we can see that the regulation of enterprise disciplinary rights in China is highly authorized and insufficient.Specifically,there are four problems: lack of principle norms,imperfect entity norms,absence of procedural norms and imperfect supervision and relief channels.The third part is the introduction and reference of the legal regulation of the punishment right of foreign enterprises.Summarizing the regulatory experience of Japan,Germany,France and other countries can provide the following references for our country: supplementing the principled provisions,providing guiding norms for the right of punishment,guiding and restricting the formulation and implementation of the rules of the right of punishment,and providing the basis for the discretion of judges;The entity regulation adopts the mode of "decentralization" to make mandatory provisions on the procedure;Improve the ways of supervision and relief,establish and improve the rationality review system of labor rules and regulations.The court not only reviews the legitimacy of the contents of rules and regulations involved in labor dispute cases,but also reviews the rationality.The fourth part is the suggestions to improve the legal regulation of enterprise disciplinary rights in China.First of all,make clear the principles of the exercise of enterprise Punishment Rights,including the principle of clarity,the principle of proportion,the principle of no more punishment for one thing and the principle of legal procedure.Secondly,we should improve the substantive norms of enterprise Punishment Rights.On the one hand,we should focus on the obligations of workers to limit the reasons for enterprise punishment;On the other hand,legislation can formulate a set of disciplinary measures that are only instructive,but set mandatory provisions on their application,such as imposing mandatory proportional restrictions on salary reduction.Thirdly,the exercise procedure adopts a strict legal mode,and sets up the prescription provisions at the same time.Finally,improve the ways of supervision and relief,first,expand the scope of disciplinary disputes,and second,review the contents of rules and regulations involved in labor dispute cases,including both legitimacy review and rationality review.