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依照法定程序制定并业已公布的企业规章制度,对企业和全体员工具有约束力。劳动合同旨在建立劳动关系,明晰双方权义,集中体现着当事人的意思自治。两者共同规制着劳资关系,但由于利益偏向、协议程度等原因,二者之间存在着一定的冲突。以合同法为视角,理清企业规章的进程、性质和效力,可为合理应对现存冲突提供指引。
In accordance with the statutory procedures for the development and has published the business rules and regulations, the enterprise and all employees are binding. Labor contract aims to establish labor relations, clarify the rights and interests of both parties and embody the party autonomy of purpose. The two jointly regulate the labor-capital relations, but due to the bias of interests, the degree of agreement and other reasons, there is a certain conflict between the two. From the perspective of contract law, clarifying the process, nature and effectiveness of business rules can provide guidance for coping with the existing conflicts reasonably.