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Unit rules and regulations are unreasonable, can apply for invalid?




Question: I would like to ask, I think that the unit is somewhat unreasonable and legal for the staff's rules and regulations. I want to claim invalidity in the arbitration, but one of the labor contracts signed between me and the unit is: work Personnel should abide by the labor rules and regulations of the unit. Can I still advocate this?

A: We must first answer affirmatively. Of course, you can ask the rules and regulations of the adjudication unit to be invalid.

The so-called enterprise rules and regulations refer to the general term for the regulation of non-individual affairs that is expressly written by the enterprise and published in a certain way. The rules and regulations of the enterprise are formulated by the enterprise itself, but it can restrain all employees in the enterprise like the law. Therefore, the law has to restrict the effectiveness of the enterprise rules and regulations. It does not mean that the enterprise rules and regulations are effective as soon as they are formulated. How about the rules and regulations is invalid, how do we judge whether the rules and regulations are effective? Since the law does not directly stipulate the requirements for the entry into force of the rules and regulations, experts according to the current legal provisions and the legal spirit and basic principles embodied in them, it is concluded that the employer's rules and regulations must meet the following conditions:

1. The rules and regulations must be legal and legal, including legal and legal content. According to the provisions of Article 89 of the Labor Law of the People's Republic of China: If the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order it to make corrections; if it causes damage to the workers, it shall be liable for compensation. responsibility. This shows that the rules and regulations must be legal. Program law means that the rules and regulations must be formulated in accordance with the law. Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases: “The rules and regulations established by the employer in accordance with the provisions of Article 4 of the Labor Law through democratic procedures do not violate national laws and administrative provisions. Regulations and policies that have been publicized to workers can be used as a basis for people's courts to hear labor disputes." This determines the rules that must be passed by the workers' congress or the general assembly of workers and other forms of democracy as stipulated by law. The system must also be formulated in accordance with a statutory democratic program.

Second, the rules and regulations must not violate the labor contract and the collective contract. The labor contract is an agreement between the laborer and the employer on labor rights and obligations. If it does not violate laws and regulations, it will be legally binding. The rules and regulations are unilaterally formulated by the employer. The unit cannot unilaterally change the labor contract through the rules and regulations, even if the rules and regulations are passed by the workers' congress, if the conflict with the labor contract is inconsistent, or the laborer's obligations are increased, unless the laborer approves , otherwise it is invalid. In addition, the company's rules and regulations must not violate the agreement of the collective contract, and cannot violate the agreement of the collective contract through the rules and regulations.

Third, the rules and regulations must not violate the public order, good customs, public order, good customs refers to public order and good customs. The rules and regulations of the employer shall not violate the public order and good customs. Otherwise, the employee may claim that the rules and regulations are invalid to the labor administrative department and cause infringement.
4. The principle of publicity to workers is a requirement of the entry into force of modern laws and regulations. As the internal rules and regulations of the enterprise, those who apply to it must be publicized. The internal rules and regulations of the company are not publicized, and the employees are at a loss and are not binding on the employees. .

If the company's rules and regulations do not meet the above conditions, employees can fully claim their rights and deny the effectiveness of the company's rules and regulations. Netizen chiky6240 is also worried that there is a "worker should abide by the unit's labor rules and regulations" in his labor contract, and whether it hinders his rights. In fact, according to the theory of law, invalidity means that it is invalid from the beginning. In layman's terms, it has never been effective. The “regulations” that have not worked have not been rules and regulations. Therefore, this provision in the labor contract does not hinder the chiky6240 at all, so rest assured.

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