Rules and regulations refer to the sum of rules and regulations formulated by the employer to organize the labor process and conduct labor management.The rules and regulations cover a wide range of aspects of the operation and management of employers.According to the regulations issued by the Ministry of Labor in November 1997《Circular of the Ministry of Labor of the People's Republic of China on Implementing the Filing System of Labor Rules and Regulations for New Employers》Rules and regulations mainly include:Labor contractManagement, wage management, social insurance benefits, working hours and vacations, staff rewards and punishments, and other labor management regulations.
According to《Labor Contract Law of the People's Republic of China》Article 38 If the rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers, workers may terminate their labor contracts.Article 80 If the rules and regulations of the employing unit that directly involve the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning;If it causes damage to workers, it shall be liable for compensation.[2]
The enterprise must formulate rules and regulations within the framework of laws and regulations, and all provisions of the system shall not contravene laws and regulations, otherwise it will be invalid.[3]
The key to the formulation procedure of rules and regulations is to ensure that the contents of the rules and regulations formulated are democratic and scientific.Most of the contents of the rules and regulations are closely related to the rights of employees. To let the majority of employees participate in the formulation of rules and regulations can effectively eliminate the arbitrariness of employers and prevent employers from using rules and regulations to infringe on the legitimate rights and interests of workers.
Disputes caused
Employees participate in democratic management of enterprisesEnterprise management systemAn important part of.This is not just ChinaSocialist enterpriseThe characteristic of management is a trend of enterprise management worldwide.The relevant laws of China have stipulated how employees participate in enterprise management, in what matters, in what forms and ways.labour lawArticle 8 stipulates: "Labourers shall, in accordance with the lawWorkers' CongressOr in other forms, participate in democratic management or consult with the employing unit on an equal footing to protect the legitimate rights and interests of workers. "Article 38 of the Trade Union Law: "Enterprises and institutions that study major issues of operation, management and development shall listen to the opinions of the trade unions; they shall hold discussions on wages, welfareLabor safety and healthSocial insurance and other meetings involving the vital interests of employees must be attended by representatives of the trade union. "The third paragraph of Article 18 of the Company Law stipulates: "When a company studies and decides on major issues in restructuring and operation, and formulates important rules and regulations, it shall listen to the opinions of the company's trade union, and listen to the opinions and suggestions of the employees through the workers' congress or other forms." In the process of legislation,The draft once stipulated: "If rules and regulations involve the vital interests of workers, they should be discussed and approved by the trade union, the workers' congress or the workers' congress, or they should be formulated through equal consultation." This stipulation once caused great differences.One view holds that the formulation of rules and regulations and the decision on major issues are the autonomy of the enterprise's operation and management and the "single decision" of the employer.When an employer formulates rules and regulations and decides on major issues, it only needs to listen to the opinions of the trade union and employees. The regulations have been discussed and approved by the trade union, the workers' congress or the workers' congress. If the opinions are not unified, it will inevitably cause the rules and regulations or major issues to be postponed for a long time, and the management of the employer will have nothing to do.This regulation limits theOperational autonomy, which cannot be operated in practice.Another view is that the employer's rules and regulations should involve workers. From the perspective of foreign situations, many matters involving the vital interests of employees are jointly decided by the employer and employees, which belongs to the "joint right".ChineseRegulations on the Workers' Congress of Industrial Enterprises Owned by the Whole PeopleIt is stipulated thatenterprise rules and systemsShall be deliberated and approved by the workers' congress.Finally, taking into account the views of all parties, this law stipulates that: "When an employer formulates, modifies or decides on rules and regulations or major matters directly related to the vital interests of workers, it shall discuss with the workers' congress or all the workers, put forward plans and opinions, and negotiate with the workers' union or workers' representatives on an equal basis."The provisions of this Law refer to the procedure for formulating rules and regulations for all enterprises. The emphasis on equal consultation does not affect the continued implementation of state-owned enterprises in accordance with the relevant provisions of the Regulations on the Workers' Congress of Industrial Enterprises Owned by the Whole People.
Consultation on an equal footing
Labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, staff trainingLabor disciplineas well asLabor quota managementAnd other rules and regulations or major issues.Rules and regulations, such as working hours, rest and vacation, labor safety and health, labor discipline, labor quota management and other rules and regulations, and major matters, such as labor remuneration, insurance benefits, staff training, etc.
Specific development procedures
According to《Labor Contract Law of the People's Republic of China》Article 4 The employing unit shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.When an employer formulates, modifies or decides on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all the employees and put forward plans and opinions,It shall be determined through equal consultation with the trade union or staff representatives.In the process of implementing the rules and regulations and decisions on major issues, if the trade union or the staff and workers think that it is inappropriate, they have the right to propose to the employing unit to revise and improve it through consultation.The employing unit shall publicize the rules and regulations and major decisions directly related to the immediate interests of workers, or inform workers.[2]
opposition procedure
Announce
edit
The rules and regulations of the employer should not only conform to the provisions of laws and regulations, but also be reasonable and conform to social morality.In practice, the rules and regulations of some employers are not illegal, but unreasonable and inappropriate.For example, some enterprise rules and regulations stipulate that a meal can only be finished in a few minutes;You can only go to the toilet several times a day, and you can only wait for a few minutes at a time.Although these do not violate the provisions of laws and regulations, they are unreasonable, and there should also be a correction mechanism.Therefore, in the process of implementing the rules and regulations in this article, if the trade union or the staff and workers think that the rules and regulations of the employing unit are inappropriate, they have the right to propose to the employing unit and make amendments and improvements through consultation.
Notification procedure
Announce
edit
The rules and regulations are part of the labor contract. To make the workers abide by them, the workers should know about them.Therefore, this article stipulates that rules and regulations directly related to the vital interests of workers shall be publicized or notified to workers.There are many ways to inform. In practice, some employers post notices on the bulletin board of the enterprise;Some employers issue rules and regulations to workers as attachments to labor contracts;Some employers pay to each workeremployee handbook。Either way, just let the workers know.
example
Announce
edit
Civil mediation
1、 Mediation shall be conducted according to laws, regulations, rules and policies in accordance with the principle of law. Mediation shall be conducted according to social morality in case of no clear provisions in laws, regulations, rules and policies;
2、 The principle of voluntariness and equality is to conduct mediation on the basis of voluntariness and equality of both parties;
3、 The principle of respecting the litigant rights of the parties and the litigant rights of the parties shall not prevent the parties from bringing a lawsuit to the people's court without mediation or because mediation is unsuccessful.
Mediation discipline
1、 No favoritism or malpractice;
2、 They shall not suppress or retaliate against the parties to the dispute;
3、 The party concerned shall not be insulted or punished;
4、 The privacy of the parties shall not be disclosed;
5、 Do not eat, please or accept gifts.
conciliation proceedings
1、 Dispute acceptance:
1. The disputes that the parties request for mediation shall be mediated in a timely manner;
2. In case of any dispute, take the initiative to accept and mediate in time;
2、 Investigation and analysis:
When accepting disputes, it is necessary to quickly find out the causes of disputes and the focus of disputes, timely determine the nature of disputes, right and wrong, and conduct research and analysis;
3、 Mediation:
On the basis of investigation and analysis, do a good job of both parties, fully reason, patiently guide, learn the legal provisions, eliminate barriers, and urge the parties to reach a mediation agreement.
Reporting system
1、 Report the situation of dispute investigation and mediation to the leader in charge once a week;
2、 Report to the Party Committee on the investigation and mediation of disputes once a quarter;
3、 Timely report major activities and work arrangements to the Party Committee;
4、 Report to the Justice Bureau every month.
registration system
1、 To accept civil and economic disputes, a registration form shall be filled in;
2、 When mediating civil disputes, the mediation results shall be registered and filed;
3、 For the discussion and research of major difficult cases, the case discussion registration form shall be filled in, and the registration form shall be attached to the volume;
4、 Ask the Judicial Bureau for instructions, report major and difficult cases, and do a good job of registration.
type
Announce
edit
Rules and regulations include administrative regulations, articles of association, systems and conventions.Different categories reflect different needs, apply to different scopes, and play different roles.
Administrative regulations
1. Regulations
Regulations are documents of legal nature, which are supplementary and explanatory explanations and provisions of relevant laws and decrees;It is a comprehensive and systematic regulation on the management and disposal of some major issues in the political, economic, scientific and technological fields of the country or a region;It is to stipulate the institutional setting, organizational methods, staffing, tasks and powers, work principles, work order and legal responsibilities of an organ or organization, or to systematically stipulate the tasks, responsibilities, obligations, rights, rewards and punishments of a certain type of specialized personnel.It is made and issued by the highest authority and the highest administrative organ of the state (the regulations of the ministries and commissions of the State Council and the local people's government system cannot be called "regulations").For example:Regulations on Unemployment Insurance、《Regulations of the People's Republic of China on the Administration of Renminbi》。
2. Provisions
The regulations are to implement the relevant laws, decrees and regulations, and make partial specific regulations on relevant work or matters according to their provisions and authorization.It is the concrete form of laws, policies and guidelines, and the principle of dealing with problems.It is mainly used to clearly put forward the management or restriction on one aspect of the political, economic and social development of a country or a region or some major accidents.The key point of regulations is mandatory binding.Its makers and distributors are ministries and commissions of the State Council, people's governments at all levels and their subordinate institutions.For example, the Provisions on the Suppression of Unfair Price Behaviors of Dumping Industrial Products at Low Prices, and the Tentative Provisions on the Use of Numbers in Publications.
3. Methods
The method is to propose specific and feasible implementation measures for relevant laws, regulations and rules;It is to propose practical measures for the specific handling and implementation of relevant work and matters related to the political, economic and social development of the country or a region.The key to the method is operability.Its makers and distributors are ministries and commissions of the State Council, people's governments at all levels and their subordinate institutions.For example, the Measures for Assessment of the Work of the Head Teacher in Southern Polytechnical School and the Measures for the Implementation of Universal Nine year Compulsory Education in Guangdong Province.
4. Detailed rules
The detailed rules are detailed, specific or supplementary provisions for the implementation of "regulations", "regulations" and "measures", and play a specific role in explaining and guiding the implementation of guidelines and policies.It is made and distributed by the ministries and commissions of the State Council, the people's governments at all levels and their subordinate organs.For example:<; Measures for Examining and Approving the Qualifications of Teachers of Chinese as a Foreign Language>; Implementation Rules; and Implementation Rules for Approving Individual Foreign Exchange Applications.
Articles
The Articles of Association is a programmatic document used by the government or social organization to explain the purpose, nature, organizational principles, institutional settings, scope of responsibilities, etc. of the organization, with a normative and binding role.Its makers are political parties or social groups.For example:Constitution of the Communist Party of ChinaArticles of Association of China Writing Society.
Institutional
1. System
The system is a standard formulated by relevant units and departments that requires their staff to abide by together, and a code of conduct formulated by organs and units for a specific work and specific matter that must be followed.Its makers and issuers are government agencies, enterprises, institutions and their departments.For example: Safe Production System, Clean Government System of ×× Regional Environmental Protection Bureau.
2. Rules
The rule is that the organization is responsible for maintainingLabor disciplineRules and regulations on working principles, methods and procedures formulated for public interest.Its makers and issuers are government agencies, enterprises, institutions and their departments.For example, the Working Rules of the Expert Group of the National Work Safety Committee and the Rules for Borrowing Books of the Southern Polytechnical School Library.
3. Procedures
Regulations are some specific regulations formulated by production units or scientific research institutions to ensure quality and make work, test and production proceed according to procedures.Its makers and issuers are government agencies, enterprises, institutions and their departments.For example: Workshop Operation Regulations, Computer Operation Regulations.
4. Code
The code is a code of conduct that organizations, enterprises and institutions require their members to abide by. It advocates that relevant personnel abide by certain codes of conduct and morality.Its makers and issuers are government agencies, enterprises, institutions and their departments.For example, the National Staff Code, the Code for Car Drivers, and the Code for Students in Colleges and Universities.
5. Notice
Notice is a guiding and prescriptive code formulated by relevant units and departments to maintain normal order, do a specific activity well and complete a certain work.Its makers are relevant units and departments.For example, Notice to Audience, Notice to Participate in Speech Contest.
Conventions
conventionIt is a standard formulated by the people or social organizations through consultation.In order to maintain public order, people, through collective discussion, clearly write down the agreed things to be done or not to be done, the things to be publicized or the things to be opposed, as a matter of common compliance.Its makers are the people and social organizations.For example, the Convention on Residents' Civilization and the Convention of People from All walks of life in Beijing on Supporting the Army and Giving Priority to Families.
importance
Announce
edit
The rules and regulations of an enterprise are the sum total of the labor codes of conduct that enterprises and workers must abide by when they work together. Formulating rules and regulations according to law is the internal "legislation" of an enterprise and one of the important ways for an enterprise to regulate its operation and use human rights. An enterprise should make the best use of and exercise the right granted by the law. Smart enterprises have seen this,However, in practice, many enterprises do not attach importance to this. They believe that there are national laws and regulations. If something happens, it should be handled in accordance with national laws and regulations. Otherwise, national laws and regulations are the great law, and cannot be specific to the specific situation of a unit. The specific situation of enterprises is ever-changing. The effect of successful enterprise multi system is to make enterprises run smoothly, circulate, and be efficient,It can basically prevent problems before they occur. As the saying goes, "If you don't follow the rules, how can you make them perfect?" 50% of successful enterprises and rules and regulations are directly caused by them
It can be said that the main functions of rules and regulations are:
1. Standardized management can make enterprises operate orderly and enhance their competitive strength
2. Formulate rules to make employees behave in a proper way and improve management efficiency
Its significance is:
Formulating enterprise rules and regulations is the need of establishing modern enterprise systems
The formulation of enterprise rules and regulations is necessary to standardize and guide the work of enterprise departments and the behavior of employees
The enterprise's rules and regulations are perfect "Labor contract system”, an indispensable and powerful means to solve labor disputes
