企业劳动规章合法性研究

    Corporate labor regulations are drafted according to law by enterprises themselves, aiming at regulating and managing business activities. Because of different recognition and understanding, there are several theories concerned such as contract-regulation theory, labor contract theory, two-side theory, law-regulation theory and collectivity theory. After comparing and analyzing these theories legally and scientifically, it shows that corporate labor regulations are in accordance with law, and serve as an extension of law in the field of private rights.Because of theoretical controversies and inadequate law statements on this subject at present, corporate labor regulations are facing difficulties in gaining legitimacy and putting into practice.In order to protect the interests of both workers and enterprises, labor regulations should be drawn up by joint efforts of the two parties in the macro guidance of the government. Acting as scales between the self-management of enterprises and the interest-protection of workers, labor regulations should be operated in a way that balance of interests and justice could be achieved by tipping the scales slightly in workers’direction.Compared to the substantial legitimacy of labor regulations, the assessment of the formal legitimacy is to examine the forms of regulations, the procedures of rules, popularity of effectiveness, consistency of application and certainty of the system. In terms of practice, it’s an effective way to safeguard the rights of workers as well as an important content in earnest need of legislation backup.