Whether The Rules And Regulations Made By Democratic Procedures Are Effective For Employees

< p > < strong > [case replay] < /strong > /p >

< < /a >, in June 2012, the company formulated the new < a href= > http://www.91se91.com/news/index_c.asp > regulation < /a >, one of which is about the system of employee's request for leave. It is stipulated that if the sick person who holds the untrue hospital's diagnostic certificate is found out, the corresponding punishing measures are: leave within 3 days, deduct the monthly salary and all kinds of allowances for the month; ask for sick leave within 3 days or less within 5 days, stop the monthly salary and all kinds of allowances for the month, and the various insurance premiums of the month are borne by the individual; ask for sick leave to be expelled for 10 days or more within 5 days or less than a month. < p > Wang is a company < a href= "http://www.91se91.com/news/index_c.asp" > employees.

Wang believes that the company's practice is wrong, but the head of the company said that the company's introduction of this provision is a resolution of the board of directors, the purpose of punishment is to regulate the management of employees.

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< p > < strong > [lawyer's statement] < /strong > /p >

< p > > this newspaper interviewed Zheng Xianchun lawyer of Guangdong Hong Hong law firm. Zheng lawyer said that according to the fourth provision of < < a href= > http://www.91se91.com/news/index_c.asp > < < /a > >: "employers should establish and improve the system of labor regulations in accordance with the law so as to ensure workers enjoy the right to work and fulfill their labor obligations.

The employing units shall, when formulating, modifying or deciding on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacations, labor safety and health, insurance and welfare, staff training, labor discipline and labor quota management, shall put forward proposals and opinions through the discussion of the staff congress or all the staff and workers, and make an equal consultation with the trade union or staff representatives.

The Guangdong Provincial Higher People's court and the Guangdong labor dispute arbitration committee's twentieth Guiding Opinions on the application of the labor dispute mediation and Arbitration Law and the labor contract law also stipulate that "the rules and regulations formulated by the employer before the implementation of the labor contract law have not passed the democratic procedure stipulated in the second paragraph of the fourth labor contract law, but the contents have not violated the laws, administrative regulations and policies, and have been publicized or informed by the workers, which can be used as the basis for the employment management of the employing units.

After the implementation of the labor contract law, if the employer makes or modifies the rules and regulations or major matters directly related to the vital interests of laborers, the democratic procedures prescribed in the fourth paragraph and second paragraphs of the labor contract law shall not in principle be used as the basis for the employment management of the employing units.

However, the contents of rules and regulations or major matters do not violate the provisions of laws, administrative regulations and policies, there is no obvious unreasonable situation, and have been publicized or told to the laborers. If the workers have no objection, they can be used as the basis for labor arbitration and the people's court's judgment.

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< p >, therefore, after the implementation of the labor contract law, the formulation of company rules and regulations should be carried out through democratic procedures, that is, listening to or soliciting opinions from workers during the formulation process.

Once the rules and regulations have not been established through democratic procedures, once the workers raise objections, they will not be the basis for handling cases in arbitration or litigation.

In order to avoid the difficulty of proof in future disputes, the employer should make written evidence in consultation with the workers' Congress or all the staff members when formulating labor remuneration, working hours, rest and vacation, labor safety and health, insurance benefits, staff training, labor discipline and labor quota management, which directly relate to the personal interests of workers.

A complete and effective system of rules and regulations should include the procedures and documents of the rules and regulations and the rules and regulations.

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< p > in this case, a company formulating rules and regulations directly related to the vital interests of the workers directly related to the labor remuneration, working hours and rest and rest of employees. It is obvious that the resolution of the board of directors is obviously not in conformity with the public notice procedure.

Now the workers have raised objections, so they can not be used as a basis for employment management.

Source Panyu daily) < /p >