Enterprises Should Publicize The Legality Of Procedures And Rules And Regulations.

The formulation, revision and perfection of the procedures require the necessary procedures, such as the workers' Congress or all the staff members to discuss, put forward proposals and opinions, and negotiate with the trade union or the workers' Congress to decide whether the rules and regulations after consultation have been legally effective. Obviously, not the first labor contract law and the Supreme People's court's judicial interpretation on labor dispute cases are required to stipulate a necessary procedure, that is, the publicity procedure or the procedures for all employees.

Without this procedure, the rules and regulations of enterprises are also invalid.

The fourth clause and fourth paragraph of the labor contract law stipulates that the employing unit shall decide to publicized the rules and regulations and major matters directly related to the immediate interests of the laborers, or to inform the laborers.

What will happen if the rules and regulations of enterprises are not publicized or communicated to workers?

1. Assume administrative responsibilities.

The eightieth provision of the labor contract law stipulates that the rules and regulations directly related to the personal interests of employees directly under the law and regulations are invalid, and the labor administrative department shall order corrections and give warnings.

2. Liability for compensation

The eightieth provision of the labor contract law stipulates that the rules and regulations directly related to the personal interests of employees directly violate the provisions of laws and regulations, and shall be liable for damages to laborers.

3, lose efficacy

According to the interpretation of the Supreme People's Court on the application of the law in labor dispute cases, the nineteenth article clearly stipulates that the rules and regulations of the employing units have not been publicized or have not been ineffective.

4, can not be regarded as the basis for disposing of employees.

Only punishment based on legal rules and regulations will be protected by law. The rules and regulations made without legal procedures will not be legally effective. Otherwise, the penalty decision will be invalid. If the employees bring up arbitration or litigation, they will bear the consequences of losing the lawsuit.

5, workers can terminate labor contracts at any time.

Article thirty-eighth of the labor contract law stipulates that the rules and regulations of employers are against the rules.

A worker may, at any time, notify the employing unit to terminate the labor contract.

In view of the above situation,

What strategies should be adopted?

1, after the rules and regulations have been confirmed by legal procedures, Chen Xu must be publicized. The employing units must publicized to all the workers, otherwise, the staff and workers of the army will be effective.

In practice, it can be publicized as follows:

A: commissioned a trade union to publicize and retain relevant evidence.

B: added the sound clause in the milk registration form, declaring that when the employee entered the office, he had already seen the rules and regulations of the enterprise publicity, or had already seen the rules and regulations of the company.

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C: convene the workers' Congress and publicized the evidence in the proper way.

D: in the labor contract signed by the workers, it is clearly stated that the workers have read the rules and regulations of the enterprise.

And to explain the rules and regulations of those enterprises, we can not generally talk about the rules and regulations of enterprises.

A very important point of E: is that if enterprises want to make the rules and regulations completely legal, it is best to let employees read and endorse after they have already had the regulations or just passed rules and regulations. The most critical point in all the rules and regulations of this city is that many enterprises fail to do so, and often lead to disputes between enterprises and their employees. The employees deny that they have seen similar enterprise rules and regulations, deny the effectiveness of the rules and regulations, and of course deny the decisions made to the rules and regulations.

Many employees say that in McDonald's and other advanced management enterprises, there can be no labor dispute case. There is only one reason, that is, it is very clear with the staff and workers in the rules and regulations, and the formulation and improvement of each regulation system is strictly enacted in accordance with the law. And the most crucial point is that the rules and regulations formulated are not only publicity, but also a little bit more conceptual, so that every rule and regulation has been endorsed by all employees.

The rules and regulations made in this way are legally valid.

For the former enterprise rules and regulations, these large companies will sign lots of regulations and reading certificates when the workers enter the office, proving that the workers are familiar with the rules and regulations of the enterprises and fulfill the contents according to the rules and regulations.

Therefore, the rules and regulations for making and telling such procedures are valid and valid for every employee, and there will be no disagreement.

F: about how to publicize.

The labor contract law, that is, the judicial interpretation of the Supreme People's court, has not made specific stipulations, at what time public notice and how long the publicity is, where it is necessary for all employees to conduct publicity and publicity places there. If there is no such a place to do so, there is no explicit provision in the new labor contract law. Generally speaking, the judicial procedure stipulates that if the enterprise has a public notice column, Zhang Tieshi will be publicized in the public notice column, but the retention of such evidence is more difficult.

I think the best case is to get all the staff to read and sign.

There is no legal basis for future disputes.

Moreover, as the rules and regulations of an enterprise, every employee is obliged to learn, so when the employee is studying, he will sign and approve the system and retain the signed information company.

It is very important.

G: of course, there are other ways in the company, such as using OUTLOOK, e-mail, website, and publicity column, all of which are difficult to prove.

The publicity or notification procedures of enterprise rules and regulations make the rules and regulations of enterprises effective and lawful. It is suggested that after making the rules and regulations, the enterprises must publicize according to the law or allow all workers to sign. Of course, for those who do not sign the contract, it is suggested that the negotiations should be negotiated first. If the consultation fails, it is recommended to take precautions as soon as possible.