Is it legal for the company s newly revised employee handbook to conflict with the contract?

The Labor Contract Law stipulates that 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 employee congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation. The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

If the revision of the employee handbook by the employer has been discussed by the employee congress or the trade union, and the newly revised employee handbook is reissued to each employee, in principle, it can be regarded as a change to the labor contract, of course, the specific situation needs to be analyzed on a case-by-case basis.

Legal analysis: When there is a conflict between the terms of the labor contract and the employee handbook signed and approved on the other, which is more effective in the labor contract or the employee handbookIn practice, some rules and regulations such as the employee handbook legally formulated by the employer are often regarded as annexes to the labor contract, and it is usually stipulated in the labor contract that "the employee handbook and other rules and regulations are an integral part of this contract......and so on. After the employer and the employee sign a labor contract to establish the labor relationship, there is a subordinate relationship in a certain sense between the two parties, that is, the employee needs to obey the command, arrangement and supervision of the enterprise.

The rules and regulations such as the Employee Handbook formulated by the enterprise are a way to exercise the right of management over the workers, and the laws and regulations also give the enterprise the right to self-management and self-management. As long as it does not violate the restrictive provisions of the law, the employee has the obligation to abide by the rules and disciplines. However, although the legal rules and regulations of an enterprise can be regarded as an annex to the employment contract, they cannot change or replace the content of the contract that has been expressly agreed upon by both parties.

Employee Handbook" and other rules and regulations only play a supplementary role in the content of the labor contract that is not agreed or the agreement is not specific and unclear. According to the provisions of the Labor Contract Law, an employment contract is only legal and effective if it is signed by both parties in accordance with the principles of "legality, fairness, equality, voluntariness, consensus, honesty and trustworthiness", and the rules and regulations are only a manifestation of the unilateral exercise of management rights by the enterprise. From this, it can be seen that the status of enterprise rules and regulations should be lower than that of labor contracts.

Legal basis: Interpretation II on Several Issues Concerning the Application of Law in Labor Dispute Cases Article 16 Where the internal rules and regulations formulated by the employer are inconsistent with the contents of the collective contract or labor contract, and the employee requests that the contract be applied preferentially, the people's court shall support it.

Summary. Does the content of the employee handbook require the consent of the employee before the company can unilaterally implement it?

A: Hello, the content of the employee handbook requires the employee's consent. Enterprises cannot implement it unilaterally.

Does the content of the employee handbook require the consent of the employee before the company can unilaterally implement it?

Does the content of the employee handbook not require the consent of the employee to be unilaterally implemented by the enterprise? Answer: Hello, the content in the employee handbook needs to be agreed by Honghongyu employees. Enterprises cannot unilaterally implement the law.

The employee handbook is an employee management system unilaterally produced by the employer, and there are many contents that may involve the dismantling of the limbs and the vital interests of the employees, so the employee model town has the right to know and vote on this.

Under normal circumstances, conditional units can set up a workers' congress, and in the case of a workers' congress, the employee handbook and other slag groups shout that the company's management system must be voted and approved by the workers' congress, and can only be implemented on the basis of passing. If the Ruye Workers' Congress disagrees with the content of the employee handbook, it can negotiate with the unit to revise it. In companies without employee congresses, the employee handbook should at least be publicized to employees when they join the company, so that employees know what rules need to be followed once they enter the company, so employees have the right to know about these employee handbooks and other management systems.

If an employee disagrees with the contents of the employee handbook, at least the employee has the option to choose yes or no to work for the company. If the employee handbook does not disclose the employee, when the employee violates a clause in the handbook, he or she can ask for confirmation that the clause is invalid.

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Of course, no, any enterprise must respect employees as the premise, and must obtain the consent of employees before they can be implemented in accordance with the content of the manual.

No, because according to national laws, the content of the employee handbook must be agreed to by the employee and the company.

Not all, of course. Because the formulation of the employee handbook is also chaotic and humane, it is also necessary to be democratic and clear some development trends in line with their own companies, and there are also some personnel transfers.

No, the employment contract and the employee handbook, these two documents are different in nature and cannot form part of each other. Since the labor contract is a contract or agreement in nature, it must be concluded through negotiation between the parties to the contract, at least on the surface, the labor contract is also negotiated between the two parties, rather than unilaterally formulated by the company. Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded to establish an employment relationship.

If the labor relationship has been established and the written labor contract has not been concluded at the same time, the written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Legal analysis: After the employer and the employee sign a labor contract to establish an employment relationship, there is a subordinate relationship between the two parties in a certain sense, that is, the employee needs to obey the command, arrangement and supervision of the enterprise. The "Employee Handbook" and other rules and regulations formulated by enterprises are a way to judge the exercise of management rights by employees, and laws and regulations also give enterprises the right to self-management and self-management.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II) Article 16 Where the internal rules and regulations formulated by the employer are inconsistent with the contents of the collective contract or labor contract, and the employee requests that the contract be applied first, the people's court shall support and give it up.