1, democracy of the formulation procedure
Legal basis: Paragraph 2 of Article 4 of the Labor Contract Law stipulates: "When an employer formulates, modifies or decides the rules, regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, it shall be discussed by the workers' congress or all employees, put forward plans and opinions, and determined through equal consultation with the trade union or employee representatives"; The fourth paragraph stipulates: "The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers. "
2. Publicity of rules and regulations
The internal rules and regulations of an enterprise are applicable to all employees and all components of enterprise administration, so they must be known to all members of the enterprise. The "Labor Contract Law" has clearly stipulated this; Article 19 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases also stipulates that the employer shall, according to Article 4 of the Labor Law: "The rules and regulations formulated through democratic procedures that do not violate national laws, administrative regulations and policies, and publicized to workers, can be used as the basis for the people's courts to hear cases."
3, the content of the rules and regulations of legitimacy
In practice, enterprises should pay attention to the following aspects when setting rules and regulations:
1. Legitimate and reasonable: it conforms to the provisions of Article 4 of the Labor Contract Law, which is a major prerequisite for the legal recognition of enterprise rules and regulations. Shall not violate the mandatory provisions of laws and regulations such as minimum wage, rest and vacation regulations, wage payment and labor safety and health protection.
2. operability: inoperable clauses are better for enterprises. For example, many enterprises stipulate that "employees who do not obey the reasonable instructions of administrative leaders are regarded as general violations of discipline". What is "reasonable"? Each has its own version, and the actual operability is extremely weak. Once an enterprise operates according to this clause, it will often lead to labor disputes. Therefore, the rules and regulations need to have strong operability.
3. Completeness: consider possible situations in production, operation and employee management as much as possible to avoid "no basis" after the situation occurs.
. . . . . There are other finer points, and it is suggested to study the labor contract law, company law, labor rights protection law, wage payment regulations and so on.