企业规章制度法律问题研究

发布时间：2018-06-13 22:47

本文选题：企业规章制度 + 劳动合同　；参考：《大连海事大学》2014年硕士论文

【摘要】：《劳动法》、《劳动合同法》等劳动法规相继出台后,当今社会中国老百姓对签订劳动合同越来越重视,劳动合同一方面是用人单位与劳动者建立劳动关系的重要证据,同时也是确定劳动双方权利义务的重要依据。劳动合同的订立往往涉及企业规章制度,但是在我国企业规章制度与劳动合同的关系十分模糊,对于用人单位的规章制度在劳动合同订立中所处的地位与所起的作用更是模棱两可,学术界对待这一问题的看法也是不能形成统一意见,并且对这一问题的研究多陷于表面化的境地,对于实践中遇到的此类问题无法给出明确的答复,导致司法实践中此类问题处理起来非常困难。企业规章制度的形成有自己的历史背景,自己的过程,从而形成了自己的法律性质,从过程与性质可以看出它与劳动合同虽然存在一些相似之处,但也有许多差异；在劳动合同订立时将企业规章制度作为其内容的一部分虽有一定的积极意义,但是因为社会现状、法律不完善、用工单位与劳动者自身存在的问题等也会使企业规章制度在使用时产生一些不利的影响。在处理企业规章制度在劳动合同订立中的地位与作用的问题时,应当考虑劳动关系对当事人的意义及对其利益影响：结合中国的国情和国民素质情况不断完善我国相关法律的立法,加强用人单位与劳动者自身素质的培养,并且要对外国相关法律与法律实践经验中的精华进行吸收借鉴。通过完善相关立法与借鉴外国优秀经验,确定企业规章制度在劳动合同订立中的地位与作用,这样既有利于维护用工双方的合法利益,又有利于司法实践中对于此类问题的解决,更有利于我国劳动法的发展! 本文将结合笔者工作实践,剖析目前企业规章制度存在的主要问题,结合国外经验对我国法律提出完善建议,希望为我国劳动立法之完善尽绵薄之力。与此同时希望通过此文能够使读者加深认识,进一步理解用人单位的规章制度在劳动合同订立中的地位与作用。
[Abstract]:After the promulgation of labor laws and regulations such as Labor Law, people in China pay more and more attention to the signing of labor contracts. On the one hand, labor contracts are important evidence of the establishment of labor relations between employers and workers. At the same time, it is also an important basis to determine the rights and obligations of both parties. The conclusion of labor contract often involves the rules and regulations of the enterprise, but the relationship between the rules and regulations of the enterprise and the labor contract is very vague in our country. The position and role of the rules and regulations of the employing units in the conclusion of labor contracts are even more ambiguous, and the views of the academic community on this issue are also unable to form a unified view. And the study of this problem is mostly in the superficial situation, the practice of this kind of problems can not give a clear answer, resulting in judicial practice such problems are very difficult to deal with. The formation of enterprise rules and regulations has its own historical background, its own process, thus forming its own legal nature, from the process and nature can be seen that it and labor contract although there are some similarities, but there are also many differences; Although it is of certain positive significance to take the rules and regulations of the enterprise as part of its content when the labor contract is concluded, the law is not perfect because of the current social situation. The problems existing in the employer and laborer will also cause some adverse effects when the rules and regulations are used. In dealing with the status and role of the rules and regulations of the enterprise in the conclusion of labor contracts, It is necessary to consider the significance of labor relations to the parties and their influence on their interests: to constantly improve the legislation of relevant laws in China in the light of China's national conditions and the quality of the people, and to strengthen the cultivation of the quality of employers and workers themselves. And we should absorb and learn from the essence of foreign relevant laws and legal practice experience. By perfecting relevant legislation and drawing lessons from foreign excellent experience, we can determine the position and role of enterprise rules and regulations in the conclusion of labor contracts, which is conducive to safeguarding the legitimate interests of both employers and workers. And also conducive to the judicial practice to solve such problems, more conducive to the development of China's labor law! This article will combine the author's work practice, analyze the main problems existing in the enterprise rules and regulations at present, combine the foreign experience to put forward the perfect suggestion to our country's law, hope to do a little for our country's labor legislation consummation. At the same time, it is hoped that through this article, readers will have a deeper understanding of the position and role of the employer's rules and regulations in the formation of labor contracts.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.5

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