Does the handling of delayed salary incidents belong to the company's red -headed document?
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Does the handling of delayed salary incidents belong to the company's red -headed document?
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Red -headed files are not a strict and standardized term, but in recent years, a high -frequency term has appeared on newspapers, magazines, television, and Internet media. It is also a habit of the common people's agreed. What does the concept refer to, it is necessary to distinguish it.
It in our country's laws and regulations, there is no expression of the word "red -headed document". Regulations, local government rules (departmental regulations and local government regulations are called administrative regulations in law), these are the forms of law in China. In addition to these categories that belong to the "law" The words expressed include "administrative measures, decisions, orders, instructions, and regulations." As stipulated in Article 89, paragraph 1 of the Constitution, the authority of the State Council has "the State Council" according to the Constitution and the Law, the administrative measures are required to formulate administrative regulations, issue decisions and orders " ; Article 90, paragraph 2 of the Constitution stipulates that "the departments and committees shall issue orders, instructions, and regulations within the authority of the department in accordance with the laws, decisions, and orders of the State Council. In the behavior of not being able to mention administrative lawsuits, there is a "administrative regulations, rules, or administrative agencies formulated and issued by administrative organs. The specific administrative behavior mentioned in administrative law. The decision and order with general binding power is abstract administrative acts); Article 7 of the Administrative Review Law adopts "administrative regulations". In addition, in some laws and regulations The standardized documents with general binding power other than administrative regulations and administrative regulations are collectively referred to as "other standardized documents". For example, Article 14 of the Administrative Penalty Law stipulates that "other normative documents shall not set administrative penalties"; " Article 17 of the Administrative License Law also stipulates that "other regulatory documents shall not set administrative licenses."
Then "red -headed documents" and "law, administrative regulations, administrative regulations, administrative measures, administrative regulations What is the relationship between decision, command, instructions, and other normative documents?
It to clarify this problem, let's take a look at the definition of some scholars on the concept of "red head file": r
The first definition: "Red Head Document" is a common name for people's administrative documents. It is named after the red text of the red text of the document, mainly refers to the government's administrative decisions, administrative execution, administrative coordination and control and other activities Various information records formed in the process. It mainly refers to the "regulatory red -headed documents", including administrative regulations, administrative regulations, administrative policies, administrative orders, administrative decisions, administrative rulings, administrative measures, administrative organization functions and working procedures, various items, various items Management standards, etc. [①].
The second definition: "Red Head Document" is a popular title, which refers to the unconstitutional agencies and departments other than the constitution, laws, regulations, and regulations. Sexual documents, including documents stipulated in abstract matters. Because of the measures, instructions and orders issued in the name of state government agencies at all levels, In the table, the state exercises various management powers, so it is necessary to set up the "red head" of the authority of the state government agency, so it is called red -headed documents [②].
In the above two definitions, the scope and nature of the "red -headed file" are different. Here I will not evaluate these two defined advantages and disadvantages. Let's first examine the characteristics of "red -headed documents" in real life.
"Red Head File". From the perspective of its external form, it must be named after the red text head of the file homepage. Therefore, my country's "laws, administrative regulations, and administrative regulations" are not the scope of "red -headed documents". Judging from the "red head files" in real life, there are several characteristics:
. First, the main body is widely. The main body has not only administrative organs, but also non -administrative agencies. Administrative organs such as the State Council, the Ministry of the State Council, the people's governments at or above the county level and its affiliated departments, the township people's governments and its affiliated departments; non -administrative agencies have enterprise institutions, social organizations, and social organizations. These subjects are exercising their management functions Published "red -headed files" at time;
It second, program uncertainty. The formulation of laws, regulations, and rules needs to follow the procedures stipulated by the law. For example, the formulation of law must comply with the procedures stipulated in the Constitution and the Legislative Law; It is necessary to abide by the "Regulations of the Regulations", but the formulation of a large number of "red -headed documents" in reality has no uniform regulations. For the "red -headed documents" of the administrative organs, it is sometimes formulated in accordance with the "Measures for Corporation of the State Administrative Organ". For other The "red -headed document" formulated by the main body of the non -administrative organs has no procedures.
The diversity of forms. The names of my country's laws, regulations, and rules generally have a variety of forms such as "law, regulations, regulations, regulations, methods, implementation opinions, and implementation rules". According to the "State Administrative Organ Documents Treatment Opinions" implemented by my country on January 1, 2001, the following types can be presided as: command (or order), decision, announcement, notification, notification, notification, approval, instructions, opinions, letters, letters, etc. Essence In the format of the text, the "red -headed document" is not as complete as the administrative regulations and regulations. Note and other parts.
. Fourth, the attributes of the content. The content stipulated in the "Red Head Document" is generally based on the actual needs of administrative management (some scholars call the management of enterprises, institutions, social organizations, and social organizations for "quasi -administrative management") for the formulation of or. The formulation of the actual situation of regulations or higher -level documents is based on the actual situation of the local or department, and it has the provisions of temporary, transitional, and subordinate content. Generally, the "red -headed document" shall not violate the basic principles or requirements of the constitution, laws, administrative regulations, and rules.
The fifth, the hierarchy of effectiveness. This mainly refers to the level of "red -headed documents" formulated by the administrative organ. In the huge number of "red -headed documents" in my country, the "red -headed document" of the administrative organs is very high. Although the law is also effective, such as the effect of the constitution is higher than the effectiveness of the law and law than the effectiveness of administrative regulations, and the effectiveness of administrative regulations than the administrative regulations; The relationship is consistent with the administrative affiliation between the administrative organs.
In view of the above characteristics, we can make a relatively complete definition of "Red Head File". (The administrative management community refers to the administrative management of enterprises and institutions, social organizations, and social organizations as quasi -administrative management. These organizations are also quasi -administrative organizations.) For the needs of their administrative management, they formulate or implement laws and regulations or enforce laws and regulations, as well as laws and regulations, as well as laws and regulations, as well Specific measures, methods, decisions, opinions, etc. of the decisions of the higher authorities.
. However, we often see the "red -headed document" mentioned in the media basically refer to the administrative management measures, methods, decisions and opinions released by the administrative organ. To be precise, it should be except administrative regulations. Administrative regulations outside the rules. From this point of view, the relationship between "redhead documents" and "law, administrative regulations, administrative regulations, administrative measures, administrative measures, administrative regulations, decisions, orders, and instructions" is clear. Administrative measures, administrative regulations, decisions, commands and instructions other than regulations.
. What is the relationship between "red -headed documents" and "other normative documents" stipulated in laws and regulations?
The regulatory documents refer to the state organs of the right to formulate universal binding laws, regulations, regulations, decisions, orders and measures in accordance with certain procedures. However, the normative documents stipulated in my country's legislation are also called "laws documents", including constitution, laws, administrative regulations, departmental regulations, and local government regulations. Other normative documents are generally binding decisions, orders and measures except the above normative documents.
The scope of "other normative documents" is inconsistent in the current legislation in my country, and it needs to be judged according to the context. Among Article 12 of the Administrative Litigation Law, in the behavior of not being able to file an administrative lawsuit, there is a generally binding decision and order formula for administrative regulations, regulations, or administrative organs. The "decisions and orders for the formulation and release of administrative organs" belong to the "other standardized documents" called here. Article 14 of the "Administrative Penalty Law" on "other regulatory documents shall not set up administrative penalties" in other regulatory documents, referring to standardized documents other than laws, regulations and regulations. Article 17 of the "Administrative Licensing Law" on "other regulatory documents shall not set up administrative licenses" in other normative documents, refer to standardized documents other than laws, regulations, local government regulations, and the State Council decision. We can limit its basic scope to the following "provisions" of the State Council Department Regulations and Local Government Regulations: the provisions of the State Council and local government regulations; the provisions of the State Council; Regulations; regulations of the township people's government. From this analysis, other normative documents belong to the "red -headed file", which is an important part of the "red -headed file". Other normative documents and "red -headed files" are the relationship between containing and inclusive.
The "red -headed document" is also incomplete to understand the "red -headed documents" as other regulations other than laws, administrative regulations, and rules. "Other standardized documents" call "abstract administrative behavior" in administrative law. The so -called "abstract administrative behavior" refers to the administrative behavior of administrative subjects for unspecified administrative counterparts. It corresponds to the "specific administrative behavior", and the specific administrative behavior is the administrative behavior of the administrative subject for specific administrative counterparts. Abstract administrative behaviors and specific administrative actions are a kind of division of administrative acts based on whether administrative counterparts are specific as standards. In the "red -headed documents" formulated by various administrative agencies at all levels in my country, not only are the general binding orders, decisions and measures that are generally formulated by unspecified people, but also for specific administrative counterparts. Commands, decisions and measures. Of course, many specific administrative behaviors do not need to appear through the "red -headed document", such as administrative license behavior and administrative payment behavior. That is to say, if the specific administrative behavior of the "red -headed document" method is the category of "red -headed documents".
Therefore, we can complete the scope of the "red -headed document" promulgated by the administrative entity based on the above analysis:
1. The State Council is released in accordance with the administrative measures stipulated by its authority. Decisions and commands;
2, the instructions and commands issued by the ministries and commissions of the State Council and its affiliated agencies according to their powers;
3, the people's governments at or above the county level Administrative regulations, administrative measures, decisions, orders, etc.;
4, the administrative measures and decisions formulated by the township people's governments in accordance with their authority.
. In terms of strict terms, "red -headed document" is not a standard scientific term. After analysis of it, we can draw that the "red head document" of the administrative organs is actually the administrative organs. The administrative decision, orders, measures, regulations, etc. of the homepage theme are red letters. In most cases, the "red -headed documents" referred to by the masses refer to other normative documents other than laws, regulations, and regulations.
The document that does not belong to the red -headed file and belongs to the company, and it cannot talk about red -headed files.
"red -headed documents" is not a legal term. It is commonly known as the common people to send a large red letter title and red seal issued by the "government agencies at all levels (mostly at the central level)".
If's authority of the formulation authority, the formulation authority of the administrative regulations is the State Council, and the formulation authority of the rules and regulations is 31 provinces, autonomous regions, and municipal people's governments. Direct institutions and direct institutions with administrative duties. Generally, the "red -headed document" can be formulated when administrative agencies need administrative agencies when administrative management work is needed. It can be seen that the "red -headed file" is actually divided into a broad sense and narrow sense.
The "red -headed document" in the broad sense is the literal understanding of red -headed and red seals, including documents made by administrative organs directly for specific citizens and organizations, as well as the administrative organs do not directly target specific citizens and organizations. The documents issued, as well as documents issued by the administrative organs due to clarifying some work matters.
The narrow "red -headed document" is a document made by administrative organs for unspecified citizens and organizations. Such documents are binding to the public, involving their rights and obligations, that is, the legal term institute Calculating administrative regulations and regulations other than regulatory documents with universal binding power. What the public cares and concerns should refer to the "red -headed document" in the narrow sense.
Pay content for time limit to check for freenAnswer the standard format layout of the red -headed file: A4 (210 × 297) paper, 37mm up and down, and 26mm left and right. If there is no special requirements for official documents, the elements of the official documents will be used to imitate the Song style. The format format of the official document includes three parts: head, version, and version. First, version head: (1) portion number: if you need to mark the portion number, use 6 Arabic numerals, the first line on the left. (2) Secret level and confidentiality period: If you need to mark, use No. 3 black body to left the second line on the left. (3) Emergency: If you need to mark, No. 3 Black Body. (If (1), (2) is not marked, it is the first line, if (1, 2) simultaneously marked, then the third line ...) (4) The sign of the document: the red label of the Song body: Top 3. If the document is published, the word "file" is on the right side and center. The joint agencies are arranged from top to bottom, dispersing and alignment. (5) Posted the name of the text: The two lines are located at the signs of the post, and the center is ranked. The title of the post in the upper article is the same as the name of the last issuer. (6) Employee: "Publisher:" The words "No. 3 imitation Song style, the name No. 3 is used. Multiple issuers, from top to bottom, have two names per line. (7) Segmentation line: Locate a wide red segmentation line such as 4mm under the font size. Second, version: (1) Title: No. 2 Small Bid Song Body Character, is located in two lines over the segmentation line. It is divided into one or more good living in the middle. Pay attention to the integrity of this intention, the length is appropriate, the spacing is appropriate, the arrangement is used, and the arrangement is used. Trapezoidal or diamond. (2) Main delivery authority: Under the title, one line is on the left top, and the top is still top when the return. (3) Text: The text of the official document must display the text, the No. 3 imitation Song style, and the order structure of the text is marked in the order of 1, (1), 1, (1). Essence (4) Attachment description: The word "attachment:", the word "attachment:",: the full -angle. Multiple attachments are marked with Arabic numerals, 1.xxxx, and there is no punctuation symbol behind the attachment name. (5) The signature of the text, the date of writing, and the seal: see the GB/T 9704-2012 in detail. (6) The numbers in the text date shall not use virtual numbers. (7) Special circumstances: (8) Note: If there is a note, the two words () are arranged in the next line of the writing date. (9) Attachment: The attachment should be arranged separately, No. 3 Black body characters, and the top of the top is up upward. Three, version of the version: (1) Synthetic line: (2) copying authority: No. 4 imitation Song style, "copy: copy: xxx ". If you need to move the main sending authority to the copy, it is recorded as "main delivery: xxx" (3) printing and issuing agencies and the dates of the trigger: the right empty word is printed, and the word is issued after the date. (4) Page number: No. 4 Half -horn Arabic numerals, under the edge of the official version, the single page is the right empty word, and the two -page code is left in the left. Blank pages, version notes, pages
Red -headed documents refer to the formal writing of party and government agencies, their departments and social organizations, and only this statement in spoken language and informal occasions. The document generally refers to the official documents of the superior organs and departments, and the official document is not called documents.
The redhead files are divided into big red heads and small red heads. Dahongheads are important matters in the eyebrows. The content is mainly government affairs. The small red head eyebrows are narrow and without the word document. Essence
is compared to the red -headed file. It is a white -headed file. It does not need a document format paper, and it is similar to the print letter.