1, labor contract management system. It mainly includes the system of conclusion, change, release, renewal and termination of labor contracts. & R6 ~! w s+ v. E6 u
2, wage payment system. Mainly includes the form of distribution of wages, items, standards and their determination, adjustment methods; the cycle and date of payment of wages; overtime, extended working hours and special circumstances of wages and payment methods; wage withholding, payment and deduction and other matters.
6 {- A! ^/ d, I1 c# k! { 3, social insurance system. It mainly refers to the "five insurance and one gold", i.e., pension insurance, medical insurance, unemployment insurance, industrial injury insurance, maternity insurance and housing fund. / |* y# S9 k$ F+ E, d$ R# \# E( @
4, welfare system. It mainly refers to supplementary pension insurance, supplementary medical insurance and other welfare benefits.
8 ]* E7 }5 S- s 5, working hours vacation system. Mainly refers to the normal working hours, overtime hours, rest and vacation provisions.1 j7 I# {: G# R7 e+ @4 u% N2 e
6, employee rewards and punishments system. Mainly refers to the reward system and disciplinary action system.
6 \# \5 B4 a S, L; i' w, e0 ~ 7, other systems. Mainly refers to the employing unit in conjunction with its own reality, the development of the selection and recruitment, assessment, promotion, training and other systems.
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# }( h9 O- c% M4 R U" R! ] III. Procedures for the formulation of rules and regulations. & `) F3 _! t! D9 ]! {
1. Democratic procedures for the formulation.
) U" c6 r! y7 \2 T) c, R: f8 H According to Article 18, Article 47 and Article 50 of the Company Law: the company shall first listen to the views of the company's labor union when formulating rules and regulations relating to the rights and interests of workers and shall listen to the views and suggestions of the workers through the workers' congresses or other forms of consultation. For the specific regulations of the company, they are formulated by the manager; for the basic management system of the company, they are prepared by the manager and submitted to the board of directors for approval.! g! ~3 }, n, g3 L. Q/ V1 S
2. Publicized to all workers.
9 w. U5 e, {6 o8 k6 n8 _ The rules and regulations of the employer are applicable to all workers in the unit, so it must be known to all workers in the unit. The employer can publicize the rules and regulations by posting notices or delivering them in the employee handbook. However, it should be noted that, in order to avoid the judicial organs in dealing with labor disputes on the rules and regulations of the public recognition of the effectiveness of the difficulties, it is recommended that employers in the training of new employees will be the rules and regulations as the content of the training, and through the labor contract or signing proof of labor to know its content of the evidence for the fixing. <br>6 Y/ o; b& t7 H: a( r/ E# z$ x2 I0 F% ]<br> Fourth, on the validity of the regulations.5 M8 ? * h# T; `<br> (a) On the effectiveness of the employer's regulations. Article 53 of China's Constitution provides that citizens of the People's Republic of China *** and the State must abide by labor discipline. Article 5 of the labor law also provides that workers shall observe labor discipline. Article 4, on the other hand, explicitly grants employers the right to establish and improve rules and regulations in accordance with the law, in order to ensure that workers fulfill their labor obligations. As can be seen from the above laws and regulations, the establishment of labor rules and regulations by an employer is a necessity for exercising its autonomy in business management and safeguarding the enjoyment of labor rights and the fulfillment of labor obligations by workers under the explicit authorization of the law. As long as the rules and regulations do not violate national laws, administrative regulations and policies, and the formulation of legal procedures and inform the workers, is legal and effective, the employer of all workers are legally binding. <br>* C8 }" H; [% T) {4 U (ii) The handling of conflicts between the rules and regulations of the employer and the labor contract and collective contract. The rules and regulations of the employer are the management system formulated by the employer through democratic procedures and then publicized to the workers to comply with, which is essentially a kind of agreement, and is a general agreement. A collective contract is signed between a labor union or a representative elected by the workers and the employer to protect the interests of all the workers, which is a special agreement compared to the rules and regulations, but is a general agreement compared to the labor contract. Labor contracts, on the other hand, are signed between the worker and the employer on the basis of equality and voluntariness after negotiation, and can best reflect the will of the worker, which is a special agreement. According to the concept of labor law focusing on the protection of workers, the three in the effectiveness of the labor contract should take precedence, followed by the collective contract, rules and regulations last. * @0 c1 T) B6 c' h. Z7 e( D
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Fifth, the legal consequences of the employer's rules and regulations of the lack of legal elements.7 O- @+ a+ W5 A/ j) S! I: S
(a) Administrative responsibility. According to the "labor supervision and protection regulations", the labor security administrative department has the right to implement labor supervision and protection of the employer to formulate internal labor security regulations, and can be based on the violation of labor security laws, rules and regulations of the specific behavior, make the order to correct and other administrative penalties. + ^9 ]8 ?) {8 p& b* y9 e
(ii) not applicable. The rules and regulations of the employer can be used as the basis for hearing labor dispute cases in labor arbitration and judicial proceedings only if they have been formulated through democratic procedures, do not violate national laws, administrative regulations and policy provisions, and have been made public to the workers. If one of the three conditions is missing, the rules and regulations of the employer will not be used.