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涉及劳动者切身利益的企业内部规章制度(劳动制度)是劳动关系的基本要素之一,直接关系到劳动关系乃至整个社会的和谐稳定,《劳动法》、《劳动合同法》都已对其内容、程序合法性做出了原则规定。其相关各方,包括用人单位、劳动者、行政主管部门及国家立法机关均应从法律的角度对其作认真的思考和审视。用人单位应切实按照三个合法性标准策划企业规章制度;劳动者在以规章制度作为行为规范的同时应懂得用其合法性标准维护自身权益;行政主管部门应切实履行职责,加强对企业规章制度合法性的专项监查;国家应实行劳动关系法治化,立法机关应进一步就企业劳动制度做出专项立法。
Internal rules and regulations (labor system) concerning the immediate interests of workers are one of the basic elements of labor relations and are directly related to the harmonious relations and stability of labor relations and the society as a whole. Both the Labor Law and the Labor Contract Law have laid down their content , The principle of procedural legality has been made. All relevant parties, including the employing units, laborers, administrative departments and the state legislature should seriously consider and examine it from a legal point of view. The employer should effectively plan the enterprise rules and regulations according to the three legitimacy standards. When the employee takes the rules and regulations as the code of conduct, he should understand his own rights and interests with his legitimacy standards. The administrative department in charge should earnestly perform his duties and strengthen the rules and regulations of the enterprise Legality of the special audit; the state should implement the rule of law of labor relations, the legislature should further the labor system to make special legislation.