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企业依法享有自主权,是搞好国营企业的重要条件之一。1987年以来,劳动争议处理机构(包括劳动争议仲裁委员会和人民法院)在处理劳动争议中,大多数能够以事实为依据,以法律、法规为准绳,维护双方当事人的合法权益。但是,由于有关的法规未能根据情况变化及时修改,某些法规条款不够完善、严密;或者由于对法规理解不够准确、全面,在处理劳动争议中时有发生处理不当、损害企业自主权的情况,并造成处理机构之间的矛盾。此类案例甚多,归纳起来,主要有以下几种情况,值得深入探讨,求得解决。
Enterprises enjoy autonomy according to law, is one of the important conditions for doing a good job of state-owned enterprises. Since 1987, most labor dispute handling agencies (including the Labor Dispute Arbitration Commission and the people’s court) have handled labor disputes by using facts as their basis and laws and regulations as the criterion to safeguard the legitimate rights and interests of both parties. However, due to the relevant laws and regulations can not be modified in time as the situation changes, some laws and regulations are not perfect and rigorous; or because the understanding of laws and regulations is not accurate enough, comprehensive, in dealing with labor disputes, improper handling, undermining the business autonomy , And cause conflict between handling agencies. There are many such cases. To sum up, there are mainly the following cases, which are worth discussing in depth and finding solutions.