仕事柄、日々たくさんの会社の就業規則を作成しているが
定期的にしっかりと整備されているものもあれば、漏れや
トラブルになりそうなものまでいろいろある。
就業規則が法に則った内容であるのは当たり前として、
それ以前に、就業規則が労使間の契約、つまり約束事
であるという認識を労使当事者が今一度想起することが
何よりも大切だと思う。
会社は法の主旨を理解し、最低限その内容を遵守する。
これはある意味当然です。
そして、会社は法の主旨と自社の約束事を就業規則という
ルールブックにして従業員に示し、労働契約を締結した
従業員は一定の法的拘束力を受ける。
本来、労働契約とはそういうものなのである。
しかし、会社が労働法を遵守し、真摯に努めているのに
中には、明らかに理不尽で一方的な要求や態度を示す
従業員がいるのも事実です。
就業規則は、そうした自己中心的で労働契約の本質を
理解できない従業員にも一定の効果を期待できます。
また労務トラブルは、経営者の無知に起因するケースもあるが
ちょっとした誤解やコミュニケーションの齟齬に起因している
ケースも少なくありません。
不幸にもトラブルになってしまった場合
問題解決の出発点になるのが就業規則。
要は、どういう契約＝約束になっていたかが大切です。
就業規則を整備していたことで、あっさりと解決できた
ケースもたくさんあります。
今年は、昨今の景気・雇用情勢のせいもあってか、
就業規則の効果・効用が予想以上に多く感じられる
1年になりそうなので少し書いてみました。。
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