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Work rules of labor law

Author: ZhangYuJia
Tutor: ZhengShangYuan
School: China University of Political Science
Course: Economic Law
Keywords: Work rules Direction over Disciplinary authority State intervention
CLC: D922.5
Type: Master's thesis
Year: 2006
Downloads: 399
Quote: 11
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Abstract

After World War II, with the advancement of technology, labor relations has been significant change in the kind of obvious \will also be authorized as a \The focus of development of labor law also lies in the participation agreement, together form. The national mandatory only reflected in the benchmarking minimum, as both employers and employees to jointly form a legal relationship between the content of quasi According. In this context, the new social relations, labor law the new development background, the research results have to learn from Japan and Taiwan, combined with our academic understanding of the work rules, from the legal nature of the legal effect elements of the development of effective work rules and labor law (Labor Standards Act) and labor contracts and collective contracts difference comprehensive system of labor rules, the analysis will focus on analyzing the instructions of the employer rights and the right to discipline, and finally from abroad had already been set, China has a lack of law, made recommendations on the improvement of our system. The text of this paper is divided into six parts, the first part of the definition of analysis of the work rules. From a principal, work rules, work rules constrained object connotation of the three aspects of the work rules to be analyzed, and expounded the given work rules the force of law and the rules, to pave the way for the discussion below. The second part of the analysis of the nature of the work rules, but also the focus of this article. First introduced Japan, Taiwan and mainland scholars all kinds of theories on the nature of the work rules, and then through the analysis found that the various theories of the strengths and weaknesses of the existing research results, on this basis points indicating the right and the disciplinary authority aspects of the re-understanding of the nature of the work rules. The third part, based on the situation of our country, the existing labor rules and regulations of the employer's main legal requirements and the problems to be analyzed, the reaction of the lack of legal regulation of the work rules. The fourth part of the analysis of the different work rules and collective agreements, labor contracts and labor law reflects the meaning of existence and unique features of the work rules. The fifth part, from the point of view of procedural due process to develop and change work rules to be analyzed, analyzes a necessary condition for the development of effective work rules; also emphasized the legal supervision of the formulation and implementation of the work rules and relief, improve the treatment of workers protection of the rights. Part VI, combined with the above, a number of recommendations to improve our work rules legal regulation. Finally, the concluding section of this article.

Work rules of labor law

Abstract

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