论民办学校劳动规章制度的现状及对策

On Status Quo and Countermeasures for Labor Rules and Regulations in Private Schools

劳动规章制度既是民办学校行使劳动管理权的法律依据,又可以作为劳动争议中的裁判依据。民办学校现有劳动规章制度存在内容违法、制定程序违法、针对性不强、可操作性差、缺乏与劳动合同法及劳动合同有效衔接等突出问题。民办学校在劳动关系管理中面临劳动者解除劳动合同、承担行政处罚和民事赔偿等法律风险。民办学校应当依法建立和完善劳动规章制度,建立相应配套制度,有效预防和降低法律风险。

Labor rules and regulations are not only the legal base on which private schools exercise labor management rights,but also the judgment base in labor disputes.The existing labors and regulations of private schools have the prominent problems such as illegal contents,illegal formulation process,weak pertinence,poor operability,and lack of effective connection with the Labor Contract Law and labor contracts.The employees and the assumption of administrative sanctions and civil compensations face private schools with the legal risks in labor relations＇ management such as contract rescission.Private schools should establish and improve the labor rules and regulations in accordance with law and establish the corresponding supporting systems to effectively prevent and reduce legal risks.