Labor Law (four) how to make the rules and regulations legally and effectively

[case introduction]
An electronics company in Shenzhen said that when Li joined the company in August 22, 2012, he carefully read the employee service volunteer letter and signed it. The first article of the staff service voluntary Book stipulates that the staff should abide by the rules and regulations including the regulations of the performance appraisal of the issuing department and the regulations of the 2012 management of the issuing department. Li recognized the authenticity of his signature on the staff service voluntary book, but said that he did not see the provisions of the performance assessment of the issue department and the regulations on the management of the issue department in 2012, and did not agree with the company to calculate its business basis on the basis of the regulations on the performance assessment of the issuing department and the regulations of the Distribution Department in 2012. Later, Li applied to the Arbitration Commission for an electronic company in Shenzhen to pay 18515.24 yuan from April 1, 2013 to June 30, 2014. The Arbitration Commission decided to support Lee's request for arbitration. An electronic company in Shenzhen refused to accept the ruling and appeal to the court.
 
After the trial, the court holds that the employer shall be employed by the employee in formulating, modifying or deciding on labor remuneration, working time, rest and vacation, labor safety and health, insurance and welfare, staff training, labor discipline and labor quota management, which are directly related to the personal interests of workers. The Congress or all the staff members discussed, put forward proposals and opinions, and made an equal consultation with the trade union or staff representatives. The employing unit shall decide to publicized or inform the laborers of the rules and regulations and major matters directly related to the immediate interests of the laborers. In the lawsuit, the company did not submit evidence to prove that the system of assessment was formulated through democratic procedures. The "voluntary book of staff service" was submitted for signing to require workers to comply with the rules and regulations of the company, and it was not sufficient to prove that the system was actually shown or delivered to Li. The court's decision rejects the company's claim.
 
[deep flat proposal]
State owned laws, family rules, rules and regulations are the national Legalists regulations of enterprise management, and are the main basis for enterprises to carry out labor management. In the practice of Labor Arbitration Litigation, Shen Ping found that the rules and regulations of the company, especially the small and medium companies, are in accordance with the law, and the proportion of the rules and regulations confirmed by the court is not significant, so the employers who lose the lawsuit are the majority. The labor contract law, which was implemented in January 1, 2008, has impacted the passive and passive labor management environment that the enterprise is accustomed to, so that the enterprise should think about how to build a positive and active human resource management model. Establishing a healthy and good management order and building a scientific and effective human resource management mode is the key.
This article adopts panoramic analysis mode to provide advice for enterprises to design scientific and legal labor regulations.
 
1. The main body of the rules and regulations
As for the main body of the formulation of rules and regulations, the current labor contract law is only a general description of employers. However, from the thirty-eighth and forty-seventh provisions of the company law, the main body of the rules and regulations of the company system is the shareholders' meeting and the board of directors. By this analogy, the non corporate corporate enterprise is formulated by its actual controller, the partnership is formulated by its partner agreement, the sole proprietorship enterprise and the individual business and commercial household are made by the investor or the person in charge.
 
Two. The entry into force of the rules and regulations
To achieve effective conditions, rules and regulations need democratic procedures and publicity procedures.
 
(1) the following democratic procedures should be followed in the formulation of the rules and regulations of the enterprise: 1. the convening of the staff meeting or the discussion of the staff congress; 2. the proposal and opinion, the equal consultation with the trade union or the workers' representatives; 3. public notice.
 
(two) publicity procedure refers to the fact that the employer has to fulfill the duty of disclosure so as to protect employees' right to know the rules and regulations closely related to them. In practice, the employer can perform the duty of disclosure by means of notification confirmation, rules and regulations training, employee manual receipt, bulletin board posting, etc. In the process of formulating and publicized rules and regulations, enterprises should pay attention to keeping staff meetings, trade unions or employees involved in formulating rules and regulations as well as related evidence to avoid the risk of inability to bear evidence in the future.
 
The main process of formulating the rules and regulations of the deep level design (staff congress) is:
The formulation or optimization of the rules and regulations - the election of the elections - the draft of the draft rules and regulations - the discussion of the first Congress - the revision of the rules and regulations - the second representative discussion is finalized - public presentation.
 
Will the rules and regulations formulated and publicized by the democratic process be accepted by the court and the basis of the referee? How to check the legality and reasonableness of the contents of formal rules and regulations will be answered in the middle part.
 
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