Rules And Regulations

Definition:

The rules and regulations of the employing units are the sum of the rules and systems for the organization of the labor process and the labor management formulated by the employing units.

Also known as the internal labor rules, is the "law" within the enterprise.

The rules and regulations are extensive, including all aspects of the management of the employer.

According to the Ministry of Labour's notice of the Ministry of labor on the filing system of labor regulations and regulations for new employment units issued by the Ministry of labor in November 1997, the rules and regulations mainly include: labor contract management, wage management, social insurance benefits, working hours, staff rewards and punishments, and other labor management regulations.

Employing units to formulate rules and regulations, we must strictly enforce the provisions of state laws and regulations, protect workers' right to work, and urge workers to fulfil their labor obligations.

The formulation of rules and regulations should reflect the consistency of rights and obligations, rewards and punishments, and shall not violate the provisions of laws and regulations.

Otherwise, it will be punished by law.

The seventy-ninth provision of this Law stipulates: "the rules and regulations governing the immediate interests of the workers directly under the employer system are in violation of the provisions of laws and regulations, which shall be ordered by the labor administrative department to make corrections and give warnings. If the workers do harm to the workers, the employer shall bear the liability for compensation."

The procedure for determining the rules and regulations and important matters

The key to the formulation of rules and regulations is to ensure that 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 workers, so that the majority of employees can participate in the formulation of rules and regulations. They can effectively prevent the employing units from arbitrariness and prevent employers from violating the legitimate rights and interests of workers by rules and regulations.

1. disputes arising from the formulation of rules and regulations.

Employees' participation in democratic management of enterprises is an important part of the enterprise management system.

This is not only a feature of the management of socialist enterprises in China, but also a trend of enterprise management worldwide.

How to participate in enterprise management and on what matters and how to participate in it are stipulated in relevant laws in China.

The eighth provision of the labor law stipulates: "laborers participate in democratic management through the general assembly of workers, workers' congresses or other forms in accordance with the law, or conduct equal consultation with the employing units on the protection of the legitimate rights and interests of laborers".

The thirty-eighth law of Trade Union Law: "enterprises and public institutions should listen to the opinions of the trade unions on major issues concerning the management and development of the enterprises; and convene a meeting to discuss the interests of workers, such as wages, welfare, labor safety and health, social insurance, etc., which must be represented by union representatives."

The eighteenth paragraph and third paragraph of the company law stipulates: "when studying and deciding on major issues in the management of the company and in formulating important rules and regulations, the company shall listen to the views of the trade union of the company and listen to the opinions and suggestions of the staff through the staff congress or in other forms."

In the course of legislation, the draft once stipulated that "rules and regulations involving workers' vital interests should be discussed and approved by trade unions, workers' Congress or workers' Congress, or through equal consultation."

Such regulations have caused great differences.

One view is that the formulation of rules and regulations and decisions of major matters are the autonomy of enterprises in management and management, and the "sole discretion" of the employing units.

When making rules and regulations and deciding on important matters, the employers can only listen to the opinions of the trade unions and workers. It is stipulated that the trade unions, the workers' Congress or the workers' Congress can discuss and pass. If the opinions are not unified, the rules and regulations or major matters will inevitably be delayed.

Such stipulation restricts the autonomy of the employing units and is not operational in practice.

Another view is that the rules and regulations of the employer system should have workers' participation. From the perspective of foreign countries, many matters involving employees' vital interests are jointly determined by employers and employees.

China's "Regulations on the workers' Congress of all industrial owned enterprises" stipulates that the rules and regulations of enterprises which belong to the terms of reference of the workers' Congress shall be deliberated and approved by the workers' Congress.

Finally, considering all the views, this Law stipulates: "when employing units in formulating, modifying or deciding on rules and regulations or major matters directly related to the vital interests of laborers, it should be discussed by the staff congress or all the staff members, and put forward proposals and opinions, and shall be determined through consultation with the workers' union or representatives of staff and workers on an equal footing."

This Law stipulates the procedures for the formulation of rules and regulations for all enterprises, and emphasizes that it is determined through equal consultation that the state enterprises shall continue to carry out the relevant provisions of the regulations on the workers' Congress of all industrial enterprises owned by the whole people.

2. the contents of equal consultation: labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, staff training, labor discipline and labor quota management directly or directly related to the immediate interests of laborers.

Rules and regulations such as working hours, rest and vacations, labor safety and hygiene, labor discipline and labor quota management and other rules and regulations, such as labor remuneration, insurance benefits, staff training, etc.

3. make specific procedures: in accordance with the provisions of this article, the formulation of rules and regulations or decisions on major matters should be discussed by the staff congress or all the staff members, and the proposals and opinions shall be put forward, and shall be determined by consultation with the trade union or staff representatives on an equal footing.

Therefore, this procedure is divided into two steps: the first step is to put forward proposals and opinions through the discussion of the staff congress or all the staff and workers, and the second step is to make an equal consultation with the trade union or the staff representatives.

Generally speaking, an enterprise establishes a trade union and negotiated with the trade union of the enterprise.

This procedure can be said to be "first democracy, then concentration".

Objection procedure of rules and regulations

The rules and regulations of employers must conform to the requirements of laws and regulations as well as social ethics.

In practice, some employers' rules and regulations are not illegal, but unreasonable and inappropriate.

For example, some enterprise rules and regulations stipulate that a meal can only be eaten in a few minutes, only a few times a day, only a few minutes at a time.

Although these provisions do not violate the provisions of laws and regulations, they are unreasonable.

There should also be a correction mechanism.

Therefore, in the process of implementing the rules and regulations, the trade unions or the staff members think that the rules and regulations of the employing units are inappropriate, and they have the right to propose to the employer and make amendments through negotiation.

Notification procedure of rules and regulations

Rules and regulations are part of the labor contract. If workers are to abide by their implementation, they should let them know.

Therefore, the rules and regulations that directly relate to the vital interests of workers should be publicized or inform workers.

There are many ways to inform. In practice, some employers put up notices on the bulletin boards of enterprises. Some employers use rules and regulations as attachments to labor contracts, and some employers issue manual manuals to each worker.

Either way, let the workers know.