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目前,我国在用人单位内部还未能实现充分的民主化决策,但劳动行政部门的介入在某种程度上会更加有利于劳动者利益的保护,因为处于平等地位的劳资双方很难在异议时达成妥协,往往会使矛盾扩大化和持久化,使得真正符合劳资权益和现代化生产规律的规章制度久拖未决。“用人单位规章制度”的法律性质及其制定程序的民主化是一个值得探究的课题。
At present, our country still fails to achieve sufficient democratization decision-making within the employer, but the intervention by the labor administration will be more conducive to the protection of workers' interests to a certain extent because it is very difficult for both employers and employees on an equal footing To reach a compromise often enlarges and persists the contradictions, and the rules and regulations that truly conform to the rights and interests of labor and capital and the laws of modern production are long-running. The legal nature of the “Employer Rules and Regulations” and the democratization of its formulation procedure are a topic worth exploring.