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《劳动合同法》第4条规定,用人单位应当依法建立和完善劳动规章制度,保障劳动者享有劳动权利、履行劳动义务。国家在法律上赋予了用人单位制定劳动规章制度的权力,并确认用人单位劳动规章制度的法律效力。但现阶段,部分用人单位制定的劳动规章制度仍然存在不健全、不完善的方面,如劳动规章制度零乱、不成体系、不配套、缺乏针对性等等。在劳动争议仲裁中,因劳动规章制度存在的不完善等问题而出现败诉的现象时有发生,本文就如何发挥劳动规章制度的管理效力提出如下建议。
Article 4 of the Labor Contract Law stipulates that the employer shall establish and improve the labor rules and regulations in accordance with the law so as to ensure that the workers enjoy the labor rights and perform the labor obligations. The state gives the employer the power to make labor rules and regulations and confirms the legal effect of the employer’s labor rules and regulations. However, at this stage, there are still some unsound and imperfect labor rules and regulations formulated by some employers. For example, the labor rules and regulations are in disorder, fragmented, incompatible and lack of pertinence. In the labor dispute arbitration, the phenomenon of losing the case due to the imperfect work rules and regulations and other issues occur from time to time. This article puts forward the following suggestions on how to exert the management effectiveness of the labor rules and regulations.