The Fifteenth Natlonal Con-gress,a very important andgrand trans—century meeting inthe history Of CCP,was inaugu-rated in Beijing on September 12,1997. Guangdong Customs have sentrepresentatives to attend the Party’...The Fifteenth Natlonal Con-gress,a very important andgrand trans—century meeting inthe history Of CCP,was inaugu-rated in Beijing on September 12,1997. Guangdong Customs have sentrepresentatives to attend the Party’sCongress for the first time in his-tory.Among the two representa-tives is Liu Wenjie,director ofGuangdong CUStoms Branch Of-fice and of Guangzhou Customs.On September 23 after conclusionof the Coilgress,this reporter inte-Viewed directory Liu Wenjie in展开更多
Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂s...Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂soft＂ law in judicial practice. The judicial criteria for judging the validity of work regulations are in essence determined by the judge＇s judgment on their reasonableness. As an important embodiment of Chinese politics, economics and culture, the transformation of the SWRC that accompanied the market economy has not negated its value as an indigenous traditional resource. The SWRC does not just enjoy deliberative rights in the formation of regulations, as clearly specified in constitutional law, but also has rights under the law in local legislation and practice. Hence the system of work regulations is neither a unilateral decision on the part of management nor a contract, but rather an autonomous norm developed through the SWRC mechanism. Given the mandatory nature of Article 4 of the Labor Contract Law, regulations will only be valid after they havegone through a democratic process. The further development of the theory of normative system formation should endow the SWRC with greater rights and integrate it smoothly with the collective contract system to standardize collective labor relations.展开更多
文摘The Fifteenth Natlonal Con-gress,a very important andgrand trans—century meeting inthe history Of CCP,was inaugu-rated in Beijing on September 12,1997. Guangdong Customs have sentrepresentatives to attend the Party’sCongress for the first time in his-tory.Among the two representa-tives is Liu Wenjie,director ofGuangdong CUStoms Branch Of-fice and of Guangzhou Customs.On September 23 after conclusionof the Coilgress,this reporter inte-Viewed directory Liu Wenjie in
文摘Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂soft＂ law in judicial practice. The judicial criteria for judging the validity of work regulations are in essence determined by the judge＇s judgment on their reasonableness. As an important embodiment of Chinese politics, economics and culture, the transformation of the SWRC that accompanied the market economy has not negated its value as an indigenous traditional resource. The SWRC does not just enjoy deliberative rights in the formation of regulations, as clearly specified in constitutional law, but also has rights under the law in local legislation and practice. Hence the system of work regulations is neither a unilateral decision on the part of management nor a contract, but rather an autonomous norm developed through the SWRC mechanism. Given the mandatory nature of Article 4 of the Labor Contract Law, regulations will only be valid after they havegone through a democratic process. The further development of the theory of normative system formation should endow the SWRC with greater rights and integrate it smoothly with the collective contract system to standardize collective labor relations.
