Formulate rules and regulations to punish employees, how to perform trade union procedures?What to l

Mondo Social Updated on 2024-01-30

1.Does the employer want to form a trade union?

Paragraph 1 of Article 11 of the Trade Union Law stipulates that: "Where an employer has 25 or more membersYesEstablishment of grassroots trade union committees;Where there are less than 25 members, a basic-level trade union committee may be established alone, or a basic-level trade union committee may be jointly established by members of two or more units, and a member of the organization may also be elected to organize members to carry out activities. ”

Therefore, the employer shall establish a trade union or joint trade union in accordance with the provisions of the law.

2.What are the rights of trade unions when it comes to formulating rules and regulations?

Employment management is mainly achieved through the rules and regulations of the employer, and in the process of formulating and implementing the rules and regulations, the law stipulates the relevant rights of the trade union.

The first paragraph of Article 39 of the Trade Union Law stipulates: "Enterprises, public institutions, and social organizations shall study major issues in their management, operation, and developmentTrade unions should be heard;Meetings are held to discuss issues related to wages, welfare, occupational safety and health, working hours, rest and vacation, protection of female employees, social insurance, and other issues related to the vital interests of employeesTrade union representatives must be present

Article 4 of the Labor Contract Law also stipulates that rules and regulations that directly affect the vital interests of employees shall be formulated at the time of formulationIt should be determined through consultation on an equal footing with the trade union or employee representatives。In the process of implementing rules and regulations and decisions on major mattersIf the trade union or the employee deems it inappropriate, it has the right to submit it to the employer and make amendments and improvements through consultation.

3.What is the role of the union in the discipline of the employee?

In accordance with the provisions of the rules and regulations and the provisions of the labor contract, the employer may impose corresponding sanctions on the employee who violates discipline until the labor contract is terminated. When an employer disposes of an employee, the decision may not be correct, and in order to protect the rights and interests of the employee, the law stipulates that the labor union must play a role.

Article 22 of the Trade Union Law stipulates: "Enterprises, public institutions and social organizationsIf the labor union deems it inappropriate to punish employees, it has the right to put forward opinions

When the employer unilaterally terminates the employee's labor contractThe trade union shall be informed of the reasons in advanceWhen the labor union believes that the employer has violated laws, regulations and relevant contracts, and requests to re-study and deal with itThe employer shall study the opinions of the trade union and notify the trade union in writing of the outcome

Article 43 of the Labor Contract Law stipulates that "the employer unilaterally terminates the labor contractThe trade union shall be informed of the reasons in advance。If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome

Therefore, if an employer unilaterally terminates a labor contract with an employee, it must perform the trade union procedures in accordance with the above requirementsIf this procedure is missing, it may be found to be an illegal termination

Lawyer Wang reminds everyoneHowever, the above provisions also make it clear that when formulating rules and regulations, it is determined through consultation with the labor union, and when unilaterally terminating the labor contract, the opinions of the labor union are studied. If the employer does not adopt the opinion of the trade union, it does not mean that the rules and regulations do not take effect or that the termination of the labor contract is illegal.

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