What Kind Of Rules And Regulations Are Binding On Employees?

< p > < strong > < case > /strong > < /p >.
< p > Li went into A < a href= "http://www.91se91.com/news/index_c.asp > > Company /a" in March 15, 2010 and worked as a salesperson. The two sides did not sign a labor contract. Until August of the same year, the company asked for a labor contract signed, and the beginning date of the labor contract was written as the date of Li's entry. The two sides have disputes over the signing of the labor contract. Li asked the people's mediation committee in September 6, 2011 to request mediation and encourage others to stop working together to safeguard their rights. In September 7th of the same year, A immediately issued a notice of "termination of labor relations" to Li, calling it "a serious breach of the company's rules and regulations". < /p >
< p > the employee handbook stipulates: "employees must not slow down, strike and incite others to go on strike or strike." A believes that Lee left the post to the people's mediation committee without any leave, and incited other employees to submit labor dispute arbitration to A company. The above actions have constituted a slow down, strike and incite others to slow down and strike. Therefore, A company has released the labor relationship between the two parties in written notice on the basis of the above Manual of the employee handbook in September 7, 2011. < /p >
< p > Li believes that it does not know that the company has the relevant "a href=" http://www.91se91.com/news/index_c.asp "rules and regulations < /a >," a href= "http://www.91se91.com/news/index_c.asp" employee manual < /a > has not been publicized, and has no binding power on him. Li also believes that there is no violation of discipline referred to by A company, that is, to encourage others to stop working and to safeguard their rights together. < /p >
< p > < strong > dispute focal point < /strong > /p >
< p > this case is a case where a company terminates the labor contract with employees violating the rules and regulations. The focus of the dispute is whether the employee handbook is binding on the workers. < /p >
< p > < strong > the referee result is < /strong > < /p >.
< p > the court held that A was obliged to give evidence on the fact that the rules and regulations had been publicized to the employees, but the A company failed to provide evidence to prove that Lee signed the employee handbook or in other ways publicized the relevant contents of the employee handbook to Lee, so she should bear the adverse consequences of the burden of proof, that is, the employee handbook has not been publicized to the employee Li, and is not binding on Lee. < /p >
< p > < strong > Tang Yi lawyer comment < /strong > < /p >
< p > the rules and regulations of the company, including employee behavior standards, rewards and punishments regulations, leave system, etc., are internal laws governing employees' behavior and effective management. Once the rules and regulations are effective through legal procedures, they are binding on employees, employees are violating regulations, and they are severely punished. According to the fourth article of the labor contract law, "employers should establish and improve labor regulations in accordance with the law so as to ensure that workers enjoy the right to work and fulfill their labor obligations. The employer shall, when formulating, modifying or deciding on the labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, staff training, labor discipline and labor quota management, or other important matters directly related to the immediate interests of laborers, shall put forward proposals and opinions through the discussion of the staff congress or all the staff and workers, and shall make an equal consultation with the trade union or staff representatives. In the process of implementing rules and regulations, the trade unions or workers consider that the rules and regulations of the employing units are inappropriate, and they have the right to propose to the employer and make improvements through consultation. Rules and regulations directly related to the vital interests of workers should be publicized or communicated to workers. " < /p >
< p > accordingly, the legal and effective rules and regulations should be strictly implemented by the unit in democratic procedure and publicity procedure. Otherwise, the rules and regulations may be faced with the challenge of employees as a basis for disposing of employees. That is, the formulation of rules and regulations does not conform to democratic procedures, and does not conform to the publicity procedure without publicity. In this case, the A unit is the main reason for losing the lawsuit because of its blemish in the publicity procedure. < /p >
< p > rules and regulations and requirements for publicity shall be discussed in accordance with the procedures stipulated by the law: Discussion on workers' congresses or all staff members. When formulating and modifying rules and regulations, the employer must conduct an equal consultation procedure and make a summary of the meeting, discuss the situation and go through it. < /p >
< p > whether the rules and regulations directly determine the success or failure of the employing units in the labor dispute cases, and only to the public of the workers will be binding on the workers. The publicity of rules and regulations can be carried out by issuing employee handbooks, such as signing, internal training, labor contract agreement, circulated, consultation and other methods. In judicial practice, if the employer fails to provide evidence that has been publicized, it should bear the consequences of rules and regulations failing to be publicized, not binding on employees and often leading to a losing lawsuit. Therefore, the unit should not only do the above publicity procedures, but also keep corresponding records. < /p >