论文部分内容阅读
“国有国法,家有家规”,制定适合自身生产和经营特点的规章制度是法律赋于企业的权利。规章制度是企业的“内部法”,是企业管理的主要依据,它体现了企业所有者、管理者的意志。但并不是所有的规章制度都是有效的,企业管理者的意志要服从于国家法律法规的制约。俗话说得好,“没有规矩,不成方圆”,企业规章制度的“规矩”与“方圆”又在哪里?规章制度的制定首先必须符合一定的“规矩”才具有法律效力,这个“规矩”在《最高人民法院关于审理劳动争议案件适用法律若干问题的解释》(法释[2001]14号)第十九条明确规定:用人单位根据《劳动法》第四条之规定,通过民主程序制定的规章制度,不违反国家法律、行政法规之政策规定,并已向劳动者公示的,可以作为人民法院审理劳动争议案件的依据。此规定确定了规章制度有效性的三个基本原则,即规章制度的制定必须经过程序合法、内容合法、公示,三者缺一不可。否则必然导致规章制度无效,在劳动争议的申诉或起诉中败诉。
“State-owned country law, family-owned regulations,” and formulating rules and regulations that are suitable for the characteristics of their own production and operation are the rights that the law gives to enterprises. The rules and regulations are the “internal law” of the enterprise and the main basis of the enterprise management. They reflect the will of the business owners and managers. However, not all the rules and regulations are effective, and the will of the enterprise managers is subject to the constraints of the state laws and regulations. As the saying goes, “no rules, not a radius”, business rules and regulations, “rules” and “radius” and where? Rules and regulations must first meet certain “rules” only have the force of law, the “rules” Article 19 of the Interpretation of the Supreme People's Court on Some Issues Concerning the Application of Law in the Trial of Labor Disputes (No. 14 [2001] of the Supreme People's Court) clearly stipulates that the employer shall, in accordance with the provisions of Article 4 of the Labor Law, make it through democratic procedures Rules and regulations that do not violate the policies and regulations of state laws and administrative regulations and have been made public to the workers may serve as the basis for the people's courts to handle labor disputes. This stipulation establishes the three basic principles of the validity of the rules and regulations, that is, the formulation of rules and regulations must be legalized, content is legal and publicized, and the three are indispensable. Otherwise it will inevitably lead to invalid rules and regulations, in the labor dispute in the complaint or prosecution.