规章制度的有效性研究

Study on validity of rules and regulations

规章制度是用人单位用工管理权的体现方式之一,制定和完善规章制度既是用人单位的权利又是用人单位的义务,而劳动者接受用人单位规章制度约束亦是隶属性劳动关系的应有之意。判定规章制度的效力要从程序要件和实质要件两方面着手,程序要件具体包括民主参与程序和公示告知程序,实质要件即规章制度内容的合法性与合理性要件。此外,当用人单位对规章制度作不利变更时,出于对用人单位生产经营需求与劳动者权益的平衡,法院还需综合各方面因素就不利变更之合理性进行考量。

Rules and regulations are the manifestation of employers＇ management right. It is not only a right but also an obligation for employers to formulate and improve rules and regulations. The subordinate attributes of labor relations requires the laborer to abide by the labor rules. The validity of the rules and regulations can be judged from two aspects： procedural and substantive requirements. The procedural requirements include the democratic participation procedure and public notification procedure. The substantive requirements refer to the legitimacy and rationality of rules and regulations. In addition, when the employer makes adverse alteration of rules and regulations, in consideration of the balance of the employers＇ operation demand and the laborers＇ rights, the court need integrate all factors to judge the rationality of the adverse alteration.