员工违规行为处分制度研究

发布时间：2018-06-25 10:26

本文选题：违规行为处分制度 + 法律程序　；参考：《西北大学》2016年硕士论文

【摘要】：2008年,随着《企业职工奖惩条例》的废止,我国的法律规制中缺少对劳动者违规行为处分的详细规定,导致国有控股公司在处分违规行为时容易发生劳动纠纷。关于劳动者法律责任,在我国《劳动合同法》规定中寥若星辰,故而违约责任主要从企业与劳动者签定的劳动合同以及公司劳动规章制度当中体现。员工违规行为处分制度隶属于劳动规章制度,与国有控股公司经营管理权密不可分。本文以国有控股公司现行劳动关系管理机制为切入点,发现国有控股公司适用《劳动法》及《劳动合同法》的困惑,研究国有控股公司自行制定员工违规行为处分制度的必要性和可行性。首先从国有控股公司劳动关系着手,以某广电公司为重点,对其员工涵盖范围、员工工作职责进行了较为深入的调研。在梳理国有控股公司及其员工享有权利和义务的基础上,分析国有控股公司劳动关系法律特征。其次,深入探讨国有控股公司违规处分制度的法律依据,即在以主体合法、内容合理合法以及程序合法的基础之上制定的员工违规行为处分制度方具约束力。最后,提出国有控股公司处分权实施目的和实施原则,并且采用惩教相结合的方式,处分违反国有控股公司规定,导致公司名誉或经济损失的劳动者。通过某广电网络公司实施员工违规行为处分制度后给经营管理带来的积极作用,体现此次研究课题的重要意义。同时,就某广电网络公司实施员工违规行为处分制度实践中发现的典型问题,就如何完善国有控股公司经营管理提出一些建议,以更好地为国有控股公司行使违规处分权提供一些帮助。
[Abstract]:In 2008, with the abolition of "regulations on reward and punishment of Enterprise Workers", the detailed provisions on the punishment of illegal behaviors of workers are lacking in the legal regulations of our country, which leads to labor disputes that occur easily when the state-owned holding companies deal with violations of regulations. About laborer's legal liability, in our country "Labor contract Law", the liability for breach of contract is mainly reflected in the labor contract signed by the enterprise and the laborer as well as the company's labor rules and regulations. The punishment system of employee's illegal behavior belongs to the labor rules and regulations, and is closely related to the management power of the state-owned holding company. Based on the current labor relations management mechanism of state-owned holding companies, this paper finds that the state-owned holding companies are puzzled by the application of the Labor Law and the Labor contract Law. To study the necessity and feasibility of the state-owned holding company to formulate the system of staff violation. First, starting from the labor relations of state-owned holding company, focusing on a radio and television company, the author makes a deep investigation on the scope of staff coverage and the work responsibilities of employees. On the basis of combing the rights and obligations of the state-owned holding companies and their employees, this paper analyzes the legal characteristics of the labor relations of the state-owned holding companies. Secondly, the author probes into the legal basis of the illegal punishment system of state-owned holding company, that is, on the basis of the legality of the subject, the reasonable content and the lawful procedure, it is binding to establish the system of the illegal punishment of the employee. At last, the author puts forward the purpose and principle of the punishment right of the state-owned holding company, and adopts the method of combining correction to punish the laborers who violate the regulations of the state-owned holding company and cause the company's reputation or economic loss. Through a radio and television company to carry out the staff illegal behavior punishment system to bring the positive function to the management, manifests this research topic important significance. At the same time, some suggestions on how to perfect the management of state-owned holding company are put forward in view of the typical problems found in the practice of a radio and television network company implementing the system of disobeying employees' illegal behavior. In order to better state-holding companies to exercise the right to violate the penalty to provide some help.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.52

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