1. The procedures for formulating the rules and regulations of this employer do not violate the provisions of laws, regulations and judicial interpretations.
2, the rules and regulations formulated by the employer through democratic procedures, after publicity.
In addition to the legality requirements of the rules and regulations themselves, when the people's court specifically hears relevant labor dispute cases, if the employer and the employee disagree on whether the violation of discipline has reached a serious level, the following factors can also be comprehensively considered in the case:
1, the degree of subjective fault of the laborer in violation of discipline;
2. The repetition frequency of illegal behaviors of laborers;
3, the size of the loss caused by the violation of discipline to the employer.
1, rules and regulations that have not been formulated through democratic procedures cannot be used as the basis for the employer to terminate the labor contract, which is also clearly stipulated in China's current legislation.
2. Although rules and regulations need to be formulated through democratic procedures, and they are clarified again in the Labor Contract Law, the effectiveness of rules and regulations that have not been formulated through democratic procedures is not clearly defined. If the employer can't dismiss the workers who seriously violate the reasonable, legal and public rules and regulations just because of the formulation of the procedures, it will affect the employer's autonomy in employing people and is not conducive to the equal protection of labor relations.
3. Rules and regulations formulated without democratic procedures that meet the following conditions can be used as the basis for dismissal:
1) has not violated laws, administrative regulations and policies;
2) There is no obvious unreasonable situation;
(3) It has been publicized or informed to the workers;
4) The employees explicitly accept or the rules and regulations become the main text of the labor contract or listed as an annex to the labor contract.
References:
Judicial determination of "serious violation of the rules and regulations of the employer" by Chongqing court network