Comment on the Case of Liu V. Bus Company Dismissed
|Keywords||labor regulations labor contract legal punishment legal|
With the rapid development of China’s market economy, labor relations are becoming increasingly complex and diverse. Labor rules and regulations as an important means of the adjustment of labor relations, on the one hand is the employer penalty basis, on the other hand, formulated by the employing unit of labor rules and regulations still exist some illegal, unreasonable problem. Workers caused by violation of labor rules and regulations of the labor disputes occurred frequently in recent years, in the legislation and the implementation of the labor rules and regulations in China, there are still many problems under the circumstances, it is necessary to strengthen the judicial review and the system of labor rules and the perfection of the system. In this paper, through the introduction of Liu against bus company dismissed case, puts forward the focus of controversy in this case is whether Liu’s acts constitute serious violations of labor rules and regulations, to comment on the bus company to terminate the labor contract with Liu’s behavior whether have the legitimacy and rationality. This paper outlines the concept, role of labor rules and regulations, legal nature, legal effect, validity, as well as the relationship between labor discipline and rules and regulations; three aspects and right of discipline from the employer exercised basis, exercise way, exercise procedure evaluates the bus company for Liu to have legal penalty; finally from labor rules and regulations of the content and Liu’s objective and subjective aspects of the bus company on the basis of "serious violation of discipline on staff penalties" on Liu decide punishment to rescind the labor contract does not have the rationality, the company for Liu’s punishment was too harsh, abuse of disciplinary power company. Combining the case the author pointed out that China’s labor regulations in two aspects of the legislation and practice, and according to the proposed some suggestions, in order to "reform" and "standardized management" to protect the legitimate rights and interests of workers and promote the harmonious development of labor relations purposes.