《劳动合同法》视域下企业劳动规章论

Analysis of Enterprise Labor Rules from the Perspective of Labor Contract Law

学界将劳动规章性质界分为契约规范说与法律规范说,在评析上述两种学说基础上,将劳动规章的性质界定为劳动软法说。我国劳动规章实然立法模式应界定为软法自治型而应然立法模式则定位于团体协约型。

The academic circle defines the legal effect of labor rules as theory of contract rule and theory of legal code. By reviewing the two theories mentioned above, this paper defines the legal effect of labor rules as theory of labor soft law. The legislative mode of labor rules should be defined as soft law autonomy mode in reality and group agreement mode in the future.