After the employer and the employee sign a labor contract to establish a labor relationship, both parties have a certain sense of subordination, that is, employees need to obey the command, management and supervision of the employer, and laws and regulations also give enterprises the right to operate and manage independently. As long as it does not violate the restrictive provisions of laws and regulations, employees have the obligation to abide by the rules and regulations. The labor rules and regulations/employee handbook has become a concentrated expression of the employer's exercise of management rights.

According to Article 3 of the Labor Contract Law: "The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility". Although the rules and regulations formulated by the employer according to law can be used as annexes to the labor contract, they cannot change or replace the contents clearly agreed by both parties in the labor contract.

The first paragraph of Article 35 of the Labor Contract Law clearly stipulates: "The employer and the employee may change the contents agreed in the labor contract through consultation". Article 16 of the Supreme Court's Interpretation on Several Issues Concerning the Application of Laws in Handling Labor Dispute Cases stipulates: "If the internal rules and regulations formulated by the employing unit are inconsistent with the contents of the collective contract or labor contract, the people's court shall support the employee's request for priority in the application of the contract." Therefore, within the framework permitted by law, even if the labor rules and regulations/employee handbook are approved by the employee himself, but the content is inconsistent with the content of the labor contract, the content of the labor contract shall prevail, otherwise, it will bear the relevant liability for breach of contract.