Introduction: In the process of employment management, enterprises often formulate various rules and regulations, manage and punish employees who violate the company's system according to the rules and regulations, and even dismiss employees according to the rules and regulations. However, when establishing company rules and regulations, it is necessary to abide by the corresponding democratic publicity procedures. Rules and regulations that have not been publicized and left no evidence to inform the employees of the company may be deemed invalid by the arbitration tribunal or the court. Rules and regulations that have not gone through democratic procedures, even if formulated, are tantamount to doing it in vain.

Reference case:

Case 1: Our court believes that according to Article 4 of the Labor Contract Law of People's Republic of China (PRC), when an employer formulates or modifies rules and regulations or major issues that directly affect the vital interests of workers, it shall publicize them to the workers. However, in the case where Ni denied receiving and knowing the fire safety notice, an American company failed to provide sufficient evidence to prove that the notice was publicized to Ni during the first and second trials. Rules and regulations that are not publicized according to law cannot be used as the basis for dissolution, so the probative force of this notice is not accepted by our hospital. ((2020) Hu 0 1 Min Zhong No.2724)

Case 2: The court held that the plaintiff cited the contents of the Employee Handbook of Ruibo Commercial Group for deducting the attendance award, but the Employee Handbook of Ruibo Commercial Group did not go through the democratic procedure discussed by the plaintiff's employee congress or all employees, nor was it publicized or informed to the defendant, so the rules and regulations could not be applied to the defendant. ((20 14) Song Minyi (min) Chu Zinuo. 8 16 1)

Legal basis: Paragraph 4 of Article 4 of the Labor Contract Law of People's Republic of China (PRC) (revised 20 12) stipulates that the employing unit shall publicize or inform the rules and regulations and major decisions directly related to the vital interests of workers.

Paragraph 1 of Article 50 of the Interpretation of the Supreme People's Court on the Applicable Law in the Trial of Labor Dispute Cases stipulates that the rules and regulations formulated by the employing unit through democratic procedures in accordance with Article 4 of the Labor Contract Law do not violate national laws, administrative regulations and policies, and have been publicized to the workers, which can be used as the basis for determining the rights and obligations of both parties.

Compliance guideline: 1. Make a sign-in form for employees to sign on the learning and training record form; 2. Save the minutes of the meeting, which should specify the theme, time, training content and employees who signed in, and record the opinions of employees; 3. Send rules and regulations on enterprise WeChat, company WeChat group, nailing, flying books, OA and other systems, and make paper documents for publicity on the bulletin board; 4. Send the rules and regulations to employees' personal WeChat, online office system and email address respectively; 5. The rules and regulations are attached to the labor contract, and it is stated in the agreed items: "The employee has carefully read and promised to voluntarily abide by the company's labor rules and regulations"; 6. Learn and train rules and regulations by taking photos and videos; 7. Hold rules and regulations examination, and keep examination records and signatures.

Lawyer Yu explained that the judicial interpretation stipulates that the rules and regulations must clearly inform the workers, and the employer's failure to fulfill the obligation to inform cannot be used as the basis for handling labor dispute cases. There are many ways to "clearly inform the workers", such as in the labor contract, in the employee code, labor manual, or through some billboards, and the form is not limited, as long as the workers are clearly informed.

In many companies, employee manuals, company rules and regulations, employee punishment system, reward and punishment management methods, labor discipline management regulations, company anti-corruption regulations, basic personnel management operating procedures and employee management regulations are all formulated after employees join the company. Compared with before joining the company, the company should widely publicize the system and require employees to be familiar with it. For example, before publicity, the Company Management System _ Draft for Comment, the Company Management System Draft for Comment, the Company Employee Handbook _ Draft for Comment and the Employee Handbook Draft for Comment are distributed to all employees of the company, and evidence is kept to prove the process of soliciting employees' opinions. After publicity, employees and personnel of the company are required to sign a letter of commitment to jointly abide by the system.