On labor law，Enterprise rules and bet365 withdrawal refer to the internal rules formulated by enterprises and other employers for the needs of human resources management。Corporate rules and bet365 withdrawal are an important factor in shaping workplace order，Concerning the vital interests of workers。With the improvement of labor legal awareness，Illegal corporate rules and bet365 withdrawal are gradually reduced，The phenomenon of “legal but unreasonable” has attracted greater attention。Whether the court has the power and ability to review the rationality of corporate rules and bet365 withdrawal？January 8, 2021，Labor dispute between a certain express company and senior customer service member Ye，A certain city’s Intermediate People’s Court issued (2020) Guangdong 20 Min Zhong No. 7066 Civil Judgment，Try to answer this question。

[Case Introduction] Ye is a senior customer service staff of a certain express company，Have worked for the company for 16 years at the time of the dispute，Both parties signed a labor contract with no fixed term。December 22, 2019，Ye is answering the customer service call，Customer is emotional due to express delivery delay，Insulting the late female elder Ye。Ye is so angry，Replied, "My mother is dead，You don’t have to scold my mother”，“You said × my mother ×，Then you have to die first before you can × her”。The express company thinks，Ye’s words constitute insulting customers。According to the company's "Rewards and Punishment Management bet365 withdrawal"，Anyone who insults customers will have their labor contract terminated。The express company unilaterally terminated the labor contract with Ye based on this。Ye filed for labor arbitration，Requesting a ruling to terminate the act is illegal；Failed to obtain support and then filed a lawsuit with the Second People's Court of a certain city，The court ruled in favor of Ye；The express company refuses to accept the verdict，Appeal to a certain city’s Intermediate People’s Court。

[Judgment Summary] A certain city’s Intermediate People’s Court held after hearing，Citizens have human dignity，The value of the personal dignity of corporate employees is not lower than the value of corporate image and operating profit and loss。Ye became emotional after being insulted by a client，There are indeed some inappropriate and irregular words，But he didn’t quarrel with the customer，His words and deeds have not gone beyond the normal stress reaction of a citizen or employee after being insulted。The express company could have used criticism and education、Suspension of work or even reduction of wages and benefits will be dealt with，But it adopted the method of unilaterally terminating bet365 withdrawal，Their approach lacks sufficient legitimacy and rationality。The first-instance court’s handling is in line with the basic principles of our country’s laws and social value orientation，Properly handled，Maintain。

【Legal Analysis】The court’s judgment shows that，The judicial authorities believe that they have the power to review the rationality of corporate rules and bet365 withdrawal。This judgment comes from the changes in the nature of our country’s corporate rules and bet365 withdrawal，And the resulting need to safeguard workers’ rights。The formulation and implementation of corporate rules and bet365 withdrawal in our country，Experienced from statutory to voluntary decision、Change from regulation to autonomy。The "bet365 withdrawal on Reward and Punishment of Enterprise Employees" promulgated in 1981 are administrative bet365 withdrawal，The basic rules for internal human resources management of state-owned enterprises are determined in legal form。This provision is important for rectifying labor discipline、Improving production efficiency is beneficial，However, there are very strict restrictions on the enterprise’s autonomy in employment。After the establishment of the socialist market economic system，The Labor Law promulgated in 1995 gives the right to formulate rules and bet365 withdrawal to enterprises of all types of ownership，And authorizes enterprises to unilaterally terminate the labor contracts of workers who seriously violate bet365 withdrawal and rules。To prevent companies from abusing these rights，The "Labor Contract Law" enacted in 2007 provides two aspects: on the one hand，This law gives workers procedural rights in the process of formulating rules and bet365 withdrawal。The employer is formulating、When modifying or deciding on rules, bet365 withdrawal or major matters that directly involve the vital interests of workers，Opinions of labor representatives should be listened to，And it should be announced or informed to workers。On the other hand，This law gives workers remedial rights in the implementation of rules and bet365 withdrawal。Rules and bet365 withdrawal violate the law、Provisions of bet365 withdrawal，Things that harm the interests of workers，Workers can terminate the labor contract，You can also report to the labor administration department，Ordered by the labor administration department to make corrections，Give warning；Enterprises causing harm to workers，Should bear liability for compensation。Adopt the above bet365 withdrawal，Our country has established a relatively complete legality review structure for corporate rules and bet365 withdrawal。

But，Legality review is not enough to completely curb the abuse of the power to formulate and implement corporate rules and bet365 withdrawal，This is highlighted by the lack of legal regulation of “legal but unreasonable” rules and bet365 withdrawal。After the promulgation of the "Labor Contract Law"，An enterprise can unilaterally terminate a labor contract only under the circumstances listed in the law，And workers’ serious violation of rules and bet365 withdrawal has become the legal situation that companies can most rely on。In order to seize this "life-saving straw"、Expand its unilateral lifting authority，Tend to formulate and enforce rules and bet365 withdrawal as strictly as possible，This has led to the phenomenon of unreasonable and strict rules and bet365 withdrawal。In this case，Express company bet365 withdrawal，Just insult the customer，Regardless of the reason and the severity of the circumstances，This constitutes a serious violation of rules and bet365 withdrawal，Process of terminating the labor contract，is an example of this phenomenon。The court starts from protecting workers，Judgment that the courier company’s termination is illegal，There is nothing wrong with it from a rational perspective。

What’s worth thinking about，The court reviews the rationality of corporate rules and bet365 withdrawal，What is its legal basis？Many courts have avoided this issue when judging cases，Maybe you don’t even realize the problem exists；Some courts, including this case, have a strong sense of law-abiding。They noticed that neither the Labor Law nor the Labor Contract Law directly touches on the rationality of enterprise rules and bet365 withdrawal，Therefore trying to find basis from more abstract legal principles and socialist core values。In this case，The court determined the basis for review as “the basic principles of our country’s laws and social value orientation”，Reflects the judicial consensus to a certain extent。In fact，The court can go further，Make “basic principles of law” clear as specific legislative principles in the Labor Law and Civil Code，Make “social value orientation” clear as the core socialist values。As long as existing legislation is used，The problem of rationality review authority can be solved。

Out of review authority，There is also the issue of review ability。Does the court have the ability to review the rationality of corporate rules and bet365 withdrawal？If the case is simple，Courts often only need to follow common sense such as "the law does not force people to do something difficult"，You can make a judgment on whether the rules and bet365 withdrawal are reasonable。But，The workplace is a relatively closed social field，It has its own special standards for judging whether it is reasonable or not，This often manifests as rules or conventions。They are important pillars supporting order in the workplace。Court under review，Cannot ignore these rules and conventions，Instead, we should delve into the specific circumstances of the case，Determine the standards for rationality review based on ascertaining industry bet365 withdrawal and practices。As the saying goes，“It is difficult for an honest official to deal with household affairs”，The affairs in the workplace are somewhat similar to housework，The court should adopt a prudent attitude of seeking truth and being pragmatic when intervening，Avoid replacing the standard of reasonableness in the workplace with the judge’s personal likes and dislikes，Minimize interference with workplace order while protecting workers。In this case，Express delivery companies once claimed that their industry is special，It is necessary to strictly demand the service attitude of customer service personnel，The court also responded。This reflects the court’s recognition and prudence of rules and practices，Deserves recognition。

If the court has the basis and ability to review，What standards should be used to review the rationality of corporate rules and bet365 withdrawal？The court in this case explored a feasible standard: whether the implementation of rules and bet365 withdrawal will damage the basic rights of workers。If workers are insulted，Not even qualified to respond to stress，Constitutes damage to personal dignity，Human dignity is not only a civil right，It is also a constitutional right of citizens。Some service industry companies mistakenly believe，Service staff’s self-deprecation will bring a better customer experience，Even regard it as the competitiveness of enterprises。This approach can certainly satisfy some people’s vulgar taste，But it seriously conflicts with the core values ​​of socialism。The law should not be ignored，Rather, we should take advantage of various opportunities to show our attitude、Resolutely resist。The court in this case affirmed the value of workers’ human dignity，Use it as the "gold standard" to judge the rationality of rules and bet365 withdrawal，For promoting righteousness、Guiding public opinion has positive significance。

The rationality review of corporate rules and bet365 withdrawal is a long-term judicial issue。In recent years，The formulation and implementation of rules and bet365 withdrawal have shown some new trends: First, professionalization，More and more companies hire professional lawyers to formulate rules and bet365 withdrawal，The formulation of rules and bet365 withdrawal has also become a specialty business of some law firms；The second is algorithmization，Some platform companies have begun to use big data-based algorithms to manage human resources，The law regulates these algorithms according to bet365 withdrawal。These trends place greater demands on the ability of courts to review the reasonableness of bet365 withdrawal。Judges need to clear up the "fog" spread by professional lawyers，Understanding the nature of rules and bet365 withdrawal；You also need to understand the new trends in the Internet era，Grasp the unchanged theme in the changing workplace。Meeting these requirements is not easy，This also means that over a long period of time，The methods and benchmarks for courts to review the rationality of rules and bet365 withdrawal will be explored。The court in this case firmly grasped the purpose of protecting workers，Make good use of the power of judicial review，Accumulate trial experience through practice，Find a good starting point for exploration。

　(Author’s affiliation: Peking University bet365 withdrawal School)