用人单位根据其行业、发展要求、生产经营模式等制定内部劳动纪律规范对劳动者的工作行为进行管理,在劳动者有破坏生产经营秩序的行为时,用人单位可依据此规章制度对其行使惩戒权,以实现用人单位生产、经营秩序的稳定以及公司利益的维护。但在实践中由于惩戒权缺乏相应的规制,相应法律条文中程度性词语并未界定标准,用人单位的惩戒权易遭到滥用,成为侵害劳动者利益的武器,用人单位与劳动者的矛盾不断加深。作为行政法领域“帝王原则”的比例原则,目的是规范裁量权,维护相对人利益,对程度上的标准确定有着重要意义。因此将比例原则引入劳动法规制用人单位惩戒权,用以缓解用人单位与劳动者之间的矛盾,研究其价值、应用可能以及规制用人单位惩戒权具体机制,以期为完善用人单位惩戒权提出有益的建议。
The employer formulates internal labor discipline norms to manage the work behavior of the employee
according to its industry, development requirements, and production and operation model, etc. When the employee
has an act of undermining the order of production and operation, the employer may exercise the disciplinary power
in accordance with these rules and regulations to achieve the stability of the production and operation order of the
employer and the maintenance of the company's interests. However, in practice, due to the lack of corresponding
regulation of the disciplinary power, and the fact that the degree words in the corresponding legal provisions are not
clearly defined, the employer's disciplinary power is easily abused, becoming a weapon to infringe on the interests
of employee. The contradiction between employers and workers is deepening. As the"imperial principle" in the
field of administrative law, the proportional principle, whose purpose is to regulate discretion and protect the interests of the counterparts, is of great significance for determining the standard of degree. Therefore, the principle of
proportionality is introduced into the labor laws and regulations to regulate the disciplinary power of employers, so
as to alleviate the contradictions between employers and employees. The paper studies its value, application possibilities, and specific mechanisms for regulating the disciplinary power of employers, in order to put forward suggestions for improving the disciplinary power of employers.