A Judicial Study on Disputes Related to Employers'Punishments against Employees and Their Recording in Archives
The behavior of employers punishing employees and recording it in their archives belongs to"private administration."Whether it is a punishment that directly affects the rights and interests of employees,such as fines or dismissal,or a punishment that indirectly affects their rights and interests,such as demerits or warnings,they should all be included in the scope of labor dispute cases.However,there are few relevant norms in labor laws that address disputes concerning archive issues.Through analyzing judicial documents,it has been found that judges in judicial practice have varying interpretations of the norms related to employers'punishments of employees.There are doubts about whether the court can accept or revoke such cases,and different judgments for similar cases occur frequently.It is recommended that in judicial practice,the provisions regarding the scope of labor disputes in the current labor laws should be interpreted broadly.The court should follow the rule of reversing the burden of proof in such disputes,and employers should fulfill their contractual obligations after terminating the labor relationship.
NETL
NSTL
万方数据
