关于企业内部规章制度的法律思考

涉及劳动者切身利益的企业内部规章制度(劳动制度)是劳动关系的基本要素之一,直接关系到劳动关系乃至整个社会的和谐稳定,《劳动法》、《劳动合同法》都已对其内容、程序合法性做出了原则规定。其相关各方,包括用人单位、劳动者、行政主管部门及国家立法机关均应从法律的角度对其作认真的思考和审视。用人单位应切实按照三个合法性标准策划企业规章制度;劳动者在以规章制度作为行为规范的同时应懂得用其合法性标准维护自身权益;行政主管部门应切实履行职责,加强对企业规章制度合法性的专项监查;国家应实行劳动关系法治化,立法机关应进一步就企业劳动制度做出专项立法。

Legal Thinking on the Internal Rules and Regulations

Internal rules and regulations （ labor system） where the interests of the employees involved are made as one of the basic elements of labor relations which is directly related to labor relations and the harmony and stability of the whole society, both ＂Labor Law＂ and ＂Labor Contract Law＂ have construct the principle about the legality of the content and the program. The related parties, including employers, workers, administrative departments and the state legislature should review and reflect seriously from a legal point. Employers should plan the rules and regulations of the company in accordance with three standard business legitimacy ; workers should use the rules and regulations as the code of conduct as well as protect own rights with the standards of legitimacy; administrative departments should earnestly perform their duties, strengthen corporate regulations legitimacy of special audit; countries should implement the legalisation of labor relations, the legislature should do further work on the special legislation of the enterprise system.