论我国用人单位惩治权的法律规制
发布时间：2018-10-22 14:12
【摘要】：随着时代的进步和发展,我国用人单位为了保证生产经营活动的正常进行,一般均会设立单位内部的管理规章制度。而在相应的规章制度中,劳动纪律是其中重要的组成部分,对劳动者的奖励和惩治事项也必然包含其中。奖惩制度在用人单位内部管理工作中发挥着积极的作用,不仅能够促进企业的生产经营,而且又可以对劳动者约束与鼓励的作用。目前,我国劳动法体系中对用人单位惩治权的规定,存在着以下问题:新旧法并存,对用人单位制约小,可实施性不强,惩治项目不合理,此类问题的存在容易引发用人单位滥用惩治权,损害劳动者的权利的同时也不利于和谐社会的建立。本文从用人单位的惩治权的基本理论出发,在文章的第一部分对“惩治”二字的意义进行了分析,明确了惩治权的概念、性质以及惩治权存在的必要性。文章第二部分对我国现行的立法和司法实践现状的进行了分析,从法律法规到目前司法实践中的实际情况、存在的漏洞与缺陷进行了论述。文章介绍了我国台湾地区、日本的有关于用人单位惩治职权的相关法律法规,在借鉴这些国家和地区的理论和司法实践的基础上,提出对我国用人单位惩治权法律规制的设想。
[Abstract]:With the progress and development of the times, in order to ensure the normal operation of production and management activities, the unit of choose and employ persons in our country will generally set up the internal management rules and regulations. In the corresponding rules and regulations, labor discipline is an important part of it, and the reward and punishment of workers must also be included in it. The system of reward and punishment plays an active role in the internal management of the employing unit. It can not only promote the production and management of the enterprise, but also restrain and encourage the laborer. At present, there are the following problems in the regulation of the right to punish employers in our labor law system: new and old laws exist side by side, they have little restriction on employers, they can not be implemented strongly, and the punishment items are unreasonable. The existence of this kind of problem is apt to cause the employer to abuse the right of punishment and harm the rights of the laborer, which is also unfavorable to the establishment of the harmonious society. Starting from the basic theory of the right of punishment of the employing unit, this paper analyzes the meaning of the word "punishment" in the first part of the article, and clarifies the concept, nature and the necessity of the existence of the right of punishment. The second part of the article analyzes the current situation of legislation and judicial practice in our country, from the actual situation of laws and regulations to the current judicial practice, the existing loopholes and defects are discussed. This paper introduces the relevant laws and regulations on the punishment power of employing units in Taiwan and Japan. On the basis of the theory and judicial practice of these countries and regions, this paper puts forward a tentative plan for the legal regulation of the right of punishment of employing units in our country.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.5
本文编号：2287382
[Abstract]:With the progress and development of the times, in order to ensure the normal operation of production and management activities, the unit of choose and employ persons in our country will generally set up the internal management rules and regulations. In the corresponding rules and regulations, labor discipline is an important part of it, and the reward and punishment of workers must also be included in it. The system of reward and punishment plays an active role in the internal management of the employing unit. It can not only promote the production and management of the enterprise, but also restrain and encourage the laborer. At present, there are the following problems in the regulation of the right to punish employers in our labor law system: new and old laws exist side by side, they have little restriction on employers, they can not be implemented strongly, and the punishment items are unreasonable. The existence of this kind of problem is apt to cause the employer to abuse the right of punishment and harm the rights of the laborer, which is also unfavorable to the establishment of the harmonious society. Starting from the basic theory of the right of punishment of the employing unit, this paper analyzes the meaning of the word "punishment" in the first part of the article, and clarifies the concept, nature and the necessity of the existence of the right of punishment. The second part of the article analyzes the current situation of legislation and judicial practice in our country, from the actual situation of laws and regulations to the current judicial practice, the existing loopholes and defects are discussed. This paper introduces the relevant laws and regulations on the punishment power of employing units in Taiwan and Japan. On the basis of the theory and judicial practice of these countries and regions, this paper puts forward a tentative plan for the legal regulation of the right of punishment of employing units in our country.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.5
【参考文献】
相关期刊论文 前1条
1 杨继春;企业规章制度的性质与劳动者违纪惩处[J];法学杂志;2003年05期
，本文编号：2287382
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