GOVERNMENT REGULATION AND LABOR-CAPITAL AUTONOMY IN LABOR RELATIONSHIP: FROM THE PERSPECTIVE OF THE COURT REASONABLE REVIEW OF LABOR RULES AND REGULATIONS

劳动关系中的政府管制与劳资自治：

以法院对用人单位规章制度的合理性审查为视角

Li Gen            Ph.D. Candidate at Law School of Nanjing Normal University

Abstract: The relationship between government regulation and labor-capital autonomy which are two kinds of adjustment measures in the labor relationship has always been a problem for the scholars. The promulgation of the No.18 guiding case has inspired the scholars to think about the court’s reasonability review of the labor rules and regulations. And the essence of this issue is the game between government regulation and labor-capital autonomy. The relationship between government regulation and labor-capital autonomy is not a competition, but a kind of relationship of harmony and cooperation. The government should focus on regulating the benchmarks of labor-capital and fully respect the autonomy between employees and employers in other fields. The court also should only review the legality of the labor rules and regulations and the reasonability of the provisions which define the boundaries of labor benchmarks. In addition, the court shall fully respect other contents of the labor rules and regulations.