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在劳动关系中政府管制与劳资自治作为必然共存的两种调整手段,应是怎样一种关系,一直以来都是学界与理论界的难题。第18号指导性案例的颁布,引发了学者对法院对用人单位规章制度合理性审查问题的思考。而学界对此问题争论的背后,实质正是政府管制与劳资自治两者的博弈。政府管制与劳资自治两者并非孰优孰劣的关系,而是一种协商合作的关系。政府应注重管制劳动关系的基准,除此以外充分尊重劳资双方的自治。法院对用人单位规章制度的审查,应仅对用人单位规章制度的合法性和其中界定劳动基准边界的条款进行合理性审查,除此以外应充分尊重用人单位规章制度的其他内容。
In the labor relations, government regulation and self-management as an inevitable co-existence between the two means of adjustment should be a kind of relationship has always been the academic and theoretical problems. The promulgation of Guiding Cases No. 18 has given rise to scholars' thinking on the court's examination of the reasonableness of the rules and regulations of employers. The academia behind this controversial issue, in essence, is the game between government control and labor self-government. The relationship between government regulation and labor self-government is not a superior one, but rather a relationship of consultation and cooperation. The government should pay attention to the benchmark for controlling labor relations and fully respect the autonomy of both employers and employees. The court's review of the rules and regulations of the employer should only rationally examine the legality of the employer's rules and regulations and the clauses that define the boundaries of the labor standards. In addition, the court should fully respect other contents of the rules and regulations of the employer.