Is it reasonable for the company s rules and regulations to do so?

Legal Express > Nanchong Lawyer > Zhang Dezhao Lawyer > Successful Cases > Text Author:Zhang Dezhao Time:2013-09-01 View (0)Case 1A company that produces fireworks and firecrackers stipulates that employees smoking in the workshop can terminate the labor relationship once the enterprise is found.

A trading company working in an office building also stipulates that employees can terminate their employment contracts if they smoke in the company's office. Case 2 A manufacturing enterprise stipulates that if an employee on the factory assembly line is late twice, the enterprise can terminate the labor contract. An ordinary company also stipulates that if an employee is late twice, the enterprise can terminate the labor contract.

Lawyer's comments: Through the above two cases, it can be seen that it is difficult to have a unified definition of the standard of "reasonable", and it must be analyzed on a case-by-case basis. For example, in case 1, for enterprises that produce fireworks and firecrackers, it is extremely dangerous for employees to smoke in the workshop, so it is necessary and reasonable to make smoking a condition for the termination of the labor contract in the rules and regulations; However, for ordinary companies, smoking is a general disciplinary violation, and if the company makes such behavior a condition for termination, it is very unreasonable.

Another example is case 2, for the production enterprise, the late arrival of an employee on the assembly line may cause the suspension of production and bring significant losses to the enterprise, so it is not an exaggeration to terminate the contract. However, for ordinary companies, especially in big cities such as Beijing and Shanghai, in the face of very bad traffic conditions, such regulations are obviously too harsh and unreasonable.

Is corporate law really reasonable? Listen to what the beautiful lawyer has to say.

The company's rules and regulations are effective if they meet the following points: 1. The content of the rules and regulations should be reasonable and legal. Second, the content of the system and rules and regulations must have democratic procedures.

3. The rules and regulations shall be publicized or informed to the workers. If the rules and regulations formulated by the employer are to be effective, the above three points should be considered, and if it is difficult to perform the corresponding democratic procedures, the content of the rules and regulations formulated is legal, and the employees must be informed or effectively publicized, and these two points must meet the conditions, otherwise the rules and regulations may be invalid.

Legal basis: Article 11 of the Company Law of the People's Republic of China stipulates that the articles of association must be formulated in accordance with the law to establish a company. The articles of association of the company are binding on the company, shareholders, directors, supervisors and senior management.

1. The procedure is legal.

Legitimate enterprise rules and regulations must be formulated through democratic procedures. That is to say, when an enterprise formulates rules and regulations, it must go through consultation and discussion with the trade union or employee representatives or all employees, and the existence of this consultation and discussion process is an important basis for determining the legitimacy of the enterprise's rules and regulations.

2. Publicize to employees.

Publicity means that the employer shall publicize or inform the employee of the rules and regulations and major matters that directly affect the vital interests of the employee. The most reliable way is to issue an "Employee Handbook" to each person, in which all the rules and regulations related to the company's employee management are listed, and the employee must sign the issuance process.

Organize employee training "Employee Handbook", have training sign-in, training examination answers and results, these can be used as evidence to employees.

The content is legal and does not conflict with laws and regulations. This is easy to understand, and corporate rules and regulations that contradict national laws and regulations will certainly not be recognized. Whether the company's punishment for employee negligence is justified depends on whether the company has relevant systems and whether it defines such behaviors of employees, such as:

An employee does not wear work clothes, which may not be a problem in some enterprises, but may be a serious problem in others, depending on the work needs of the enterprise.

If the company has rules and regulations that stipulate this situation and agree on punishment measures, it is completely legal for the company to impose penalties if such problems occur in the employee. If there are no relevant rules and regulations, the company's punishment is relatively insufficient.

In addition, it should be noted that in the process of punishing employees, the enterprise should communicate with the employees and sign or publicize the punishment results.

The rules and regulations of the enterprise are the system.

According to the relevant policies and laws of the state, the actual situation of the enterprise and production technology.

The need for economic activity.

The rules and regulations of the enterprise shall be formulated by combining the leadership with the masses, and with the development of production, we should try to imitate the changes in the objective situation of the surrounding enterprises, and promptly revise and abolish those rules and regulations that are no longer applicable.

The establishment, abolition and revision of important rules and regulations belonging to the whole plant should be submitted to the workers' congress.

The discussion is passed, and the factory director approves the release and implementation. Enterprise rules and regulations should be serious, authoritative and mandatory, and everyone must strictly abide by them.

Summary. 1. Standardized management can make the enterprise operate in an orderly manner and enhance the competitiveness of the enterprise. 2. Formulate rules to make employees behave appropriately and improve management efficiency.

1. Standardized management can make the enterprise operate in an orderly manner and enhance the competitiveness of the enterprise. 2. Formulate rules to make employees behave appropriately and improve management efficiency.

The importance of rules and regulations is: 1. The formulation of enterprise rules and regulations is the need to establish the current generation of enterprise system. 2. The formulation of enterprise rules and regulations is to standardize and guide the work of enterprise departments and the needs of employee behavior.

3. The rules and regulations of the enterprise are an indispensable and powerful means to improve the "labor contract system" and resolve labor disputes.

How to make the rules and regulations of the enterprise reasonable.

1) The rules and regulations must be legal and the so-called legal, including the legality of the content and the legality of the procedure. The Labor Law stipulates that if the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections; If damage is caused to the worker, he shall be liable for compensation.

This shows that the rules and regulations must be legal in content. Procedural legality means that the formulation of rules and regulations must comply with the procedures prescribed by law. Regulations must be formulated through the workers' congress or the workers' congress and other democratic forms prescribed by law.

2) The rules and regulations shall not violate the provisions of the labor contract and the collective contract. An employment contract is an agreement between the employee and the employer on labor rights and obligations, and if it does not violate laws and regulations, it is legally binding. Even if the rules and regulations are adopted by the workers' congress, if they are inconsistent with the conflict with the labor contract or increase the obligations of the employee, they will be invalid unless the employee agrees to it.

In addition, the rules and regulations of the enterprise shall not violate the provisions of the collective contract, and the provisions of the collective contract shall not be violated through the rules and regulations.

3) Rules and regulations must not violate public order and good customs, and public order and good customs refer to public order and good customs. The rules and regulations of the employer shall not violate public order and good customs, otherwise the employee may claim to the labor administrative department that the rules and regulations are invalid, and if the infringement is caused, he or she may file a lawsuit.

4) The principle of publicity to workers is an essential condition for the effectiveness of modern laws and regulations, as the internal rules and regulations of the enterprise should be more applicable to the person to whom they apply, and the internal rules and regulations of the enterprise that are not publicized must be publicized to the employees at a loss, and the employees are not binding.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.