HR Legal Corner: Do you know the practical operation process of the rules and regulations that HR must know?
Published:
2021-05-17
Question
Are all systems developed by the company subject to democratic discussion? What are the major issues?
How to deal with the rules and regulations that cannot be agreed upon through equal consultation?
Can the rules and regulations of parent subsidiary and branch companies be universal?
In the trial, the rules and regulations submitted by an enterprise as evidence did not go through the democratic procedure, but only submitted the discussion certificate issued by the trade union. Can the certificate be used as an effective basis for the democratic procedure?
Legal basis
Article 4 of the Labor Contract Law
When the employing unit formulates, revises or decides on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, staff training, labor discipline and labor quota management, etc., it shall be discussed by the staff and workers' Congress or all the staff and workers, put forward plans and opinions, and shall be determined through equal consultation with the trade union or staff and workers' representatives. The employing unit shall publicize the rules and regulations and decisions on major matters that directly involve the vital interests of the workers, or inform the workers.
Practical skills
Rules and regulations are the "internal constitution" of enterprises and the core of enterprise management. In the process of enterprise management, there are usually reasons for the worker to terminate the labor contract with the worker for serious violation of the company's rules and regulations, incompetence, serious dereliction of duty, etc. However, in practice, many enterprises have problems such as the formulation and modification of rules and regulations without democratic procedures and lack of rationality. The workers filed arbitration or litigation with "the rules and regulations formulated by the company due to procedural problems", which eventually led to the loss of the enterprise.
So what are the publicity methods?
-Bulletin boards, websites, training forms, examination forms, printed and distributed forms, mail forms, meeting forms, and rules and regulations as attachments to labor contracts, notarization forms, forms, and document confirmation methods.
Remember: all without evidence to prove the informed are invalid!
rules and regulations for the development of practical operation flow chart:
Risk Alert
1, the employer in the formulation of rules and regulations, should pay attention to retain the relevant evidence of legal procedures, such as meeting minutes, discussion, consultation and other written evidence.
2. In terms of fulfilling the notification procedure, it is necessary to keep the informed evidence, such as the receipt record of the issuance of the employee handbook, the check-in record of the rules and regulations training, the examination paper of the rules and regulations, the confirmation of the employment form, etc. When handling disputes or resolving labor contracts in accordance with rules and regulations, it is necessary to retain evidence of violation investigation.
3. When amending the rules and regulations, if the vital interests of the workers are involved, democratic procedures should also be carried out, and the written evidence of discussion and consultation by the workers' Congress or all the staff and workers should be retained, and the publicity procedures should be carried out.
4. Rules and regulations should not only be legal, but also reasonable, and words such as "fine" should be avoided; for some cases involving workers' violations of discipline, they must be quantified and operable, and avoid setting clauses that are unfavorable to themselves.
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