In the labor law，Enterprise rules and regulations refer to internal rules formulated by employers such as enterprises and other employers for human resource management。Enterprise rules and regulations are an important factor in shaping the order of workplace，The vital interests of the workers involved in the workers。With the improvement of labor legal consciousness，Illegal corporate rules and regulations are gradually decreased，The phenomenon of "legal but unreasonable" has aroused greater attention。Does the court have the rationality of corporate rules and regulations in power and ability? January 8, 2021，Labor disputes between a courier company and the senior customer service Ye Mou，A municipal intermediate people's court made (2020) Civil Judgment of Guangdong 20 Public 7066，Try to answer this question。

[Introduction to Case Case] ​​Ye is a senior customer service staff at a courier company，The dispute has worked in the company for 16 years，The two parties signed a labor contract without a fixed period。December 22, 2019，Ye Mou when answering customer service calls，Customers emotional excitement due to courier delays，Discipline abusing Ye Mou's late female elder。Ye Mou Mou Qi but，Back to say, "My mother is dead，You don't need to scold my mother "，"You said × My mother ×，Then you have to die before you can × she "。Express company thinks，Ye's term constitutes an insulting customer。According to the company's "Regulations for the Management of Reward and Punishment"，The labor contract that abuses customers。Express company unilaterally lifted the labor contract with Ye Mou。Ye Mou raised labor arbitration，Requires the ruling to lift the behavior of violations of the behavior; after the support is bet365 Play online games not supported, it is sued to the Second People's Court of a city，The court's judgment supports Ye; the courier company does not accept the judgment，Appeals to a Municipal Intermediate People's Court。

[Referee's purpose] A municipal intermediate people's court considers it after hearing，Citizens have personality dignity，The value of corporate employees' personality dignity is not lower than that of corporate image value and operating profit and loss value。Ye Mou was insulted by the customer and caused emotional excitement，There are indeed some improper and irregular words，But I didn’t scold with customers，Its words and deeds have not exceeded a normal stress reaction after a citizen and employee were abused。Express Company can have criticized education through criticism、Suspension and even reduce salary and treat them for treatment，But it adopted a unilateral way to terminate the labor contract，Its approach lacks sufficient legitimacy and reasonableness。The handling of the court in the first instance conforms to the basic principles and social value orientation of my country's laws，Proper treatment，Keep it for。

[Legal Evaluation] The court's judgment indicates，The judicial organs believe that they have the right to review the rationality of the rules and regulations and systems。This judgment originated from the nature of the rules and regulations of the self -state enterprise，and the need for maintaining the rights and interests of workers。The formulation and implementation of the rules and regulations of our country，After experiencing from legal to intention、Changes from regulation to autonomy。The "Regulations on Enterprise Employees" promulgated in 1981 belong to administrative regulations，Basic rules of human resource management within state -owned enterprises in the form of legal form。This provision for rectification of labor discipline、Improve Bet365 lotto review production efficiency is useful，But a very strict limit on the autonomy of the enterprise's employment。After the establishment of the socialist market economy system，The "Labor Law" issued in 1995 will give the rights and regulations for the rights and systems to give various ownership companies，and authorize companies to unilaterally lift the labor contract of workers who seriously violate the rules and regulations。To prevent enterprises from abusing these rights，The Labor Contract Law formulated in 2007 made two aspects: on the one hand，This method gives workers a procedural right in the process of formulation of the rules and regulations。The employer is formulating、Modify or decide to directly involve the rules and regulations or major matters that directly involve the vital interests of the workers，I should listen to the opinions of the workers' representatives，should be publicized or informed of the workers。On the other hand，This law gives workers' relief rights in the implementation of the rules and regulations。rules and regulations violate the law、Regulations on regulations，The interests of the laborer，Workers can terminate the labor contract，You can also report to the labor administrative department，The labor administrative department is ordered to make correction，Give warning; the company causes damage to the workers，Should be liable for compensation。Through the above regulations，my country establishes a relatively complete corporate rules and regulations on the legality of the legitimacy review architecture。

but，Legal review is not enough to completely curb the abuse of the right to formulate and enforcement of corporate rules and regulations，This prominent manifestation in the regulation gap in the law of the law of "legal but unreasonable" rules and regulations。"Labor Contract Law" was introduced，Enterprises can unilaterally release the labor contract，and the serious violations of the rules and regulations bet365 live casino games of the workers have also become the legal situation that the company can rely on。In order to seize this "life -saving straw"、Expand its unilateral lifting permissions，often tend to formulate and implement rules and regulations as possible，This has triggered a rigorous phenomenon of unreasonable rules and regulations。In this case，Regulations for express company，Just abuse customers，Don’t ask for a seriousness of the plot，All constitute a serious violation of rules and regulations，Give the handling of the labor contract，is an instance of this phenomenon。The court set off from protecting the workers，Judgment Express Company's lifting behavior illegal，It is understandable from reasonablely。

It is worth thinking about is，Court review the rationality of corporate rules and regulations，Where is its legal basis? Many courts avoided this problem when the case was sentenced，It may not even realize the existence of the problem; some courts, including this case, have a strong consciousness of law -abiding。They noticed that the Labor Law and the Labor Contract Law were not directly involved in the rationality of corporate rules and regulations，Therefore, try to find the basis from the more abstract legal principles and the core values ​​of socialism。In this case，The court will determine the review basis as "the basic principles and social value orientation of my country's law"，To a certain extent, the consensus of judicialness。In fact，The court can go further，The "Basic Principles of Law" are clearly clear as a specific legislative principle in the Labor Law and the Civil Code，Determine the "social value orientation" as the core values ​​of socialism。As long as the existing legislation with the foot，Reasonable review permissions are solved。

In addition to reviewing permissions，There is also a question of review ability。Is the court capable of reviewing the rationality of corporate rules and regulations? If the case is simple，Courts often Bet365 lotto review only need to be commonly used in accordance with the common sense of common sense such as "difficulty in the law"，Judgment of whether the rules and regulations are reasonable or not。but，The workplace as a relatively closed social field，Special standards that have their own judgment or not，This is often manifested as rules or practice。They are an important pillar of supporting workplace order。When the court is reviewed，Can't ignore these rules and practice，Instead of deepening the specific case，Determine the standard for rational review on the basis of identifying the rules and practices of the line。As the saying goes，"The Qing Guan is difficult to break the housework"，Affairs in the workplace is somewhat similar to housework，The court should adhere to the prudent attitude of being honest and pragmatic when intervention，Avoid the rational standards in the workplace with the personal good and evil of the judge，Under the premise of protecting the workers, the interference in the workplace order is reduced to the minimum limit。In this case，Express Company once advocated that its industry is special，It is necessary to strictly require customer service staff to serve the attitude of service，and the court also responded。This reflects the court's recognition and caution of the rules and practice，It is worth sure。

If the court has the basis and ability of the review，What standards should we review the rationality of the corporate rules and regulations? The court in this case explores a feasible standard: See if the implementation of the rules and regulations will damage the basic rights of the workers。If the worker is abused，No qualifications to make stress reactions are not available，It constitutes the damage to personality dignity，Personal dignity is not only a civil rights，It is still a constitutional right of citizens。Individual service industry companies mistakenly believe it，Bet365 lotto review The self -derogation of the service staff will bring a better experience to customers，Even as the competitiveness of the enterprise。This approach can meet the low -level fun of some people，But seriously resist the core values ​​of socialism。The law should not be ignored，Instead, you should use various opportunities to show your attitude、Resolutely resist。The court in this case stated the value of the personality dignity of the workers，"Gold Standard" with the rationality of judgment rules and regulations，For promotion of righteousness、guiding public opinion is positive。

The rational review of corporate rules and regulations is a long -term judicial issue。In recent years，The formulation and implementation of the rules and regulations show some new trends: First, professionalization，More and more enterprises hire professional lawyers to formulate rules and regulations，The formulation of rules and regulations has also become a characteristic business of some law firms; the second is algorithmization，Some platform companies began to use big data -based algorithms to manage human resources，and the legal ratio of rules and regulations to regulate these algorithms。These trends have put forward higher requirements for the ability of the court's review rules and regulations and systems。Judges need to remove the "fog" spread by professional lawyers，The essence of perspective rules and regulations; you also need to understand the new trends of the Internet era，Gas the theme of the workplace in the workplace。Meeting these requirements is not easy，This also means that in a considerable period of time，The method and benchmark of the court's review of the rules and regulations and systems will be in the exploration。The court in this case firmly grasp the purpose of protecting the workers，Make good use of the right to judicial review，Accumulate trial experience in combination with practice，I found a good starting point for the road to exploration。

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