劳动合同解除中“严重违反用人单位规章制度”的司法判定

The Judicial Judgment of “Serious Violation of the Rules and Regulations of the Employer” in the Termination of the Labor Contract

摘要: 《中华人民共和国劳动合同法》第三十九条第二款规定了用人单位可以在劳动者严重违反用人单位的规章制度时解除劳动合同。但由于该条文规定不明确，司法实践难以具体把握。文章综合分析和考量最新上线的人民法院案例库中发布的指导性案例和参考案例，拟对劳动合同解除中“严重违反用人单位规章制度”的司法判定提出合理化建议，以保护劳动者的权益，提高司法公信力。

Abstract: The second paragraph of Article 39 of the Labor Contract Law of the People’s Republic of China stipulates that the employer may terminate the labor contract when the employee seriously violates the rules and regulations of the employer. Because the provisions of this article are not clear, judicial practice is difficult to grasp concretely. This paper comprehensively analyzes and considers the guiding cases and reference cases released in the latest online people’s court case database, and intends to put forward reasonable suggestions on the judicial judgment of “serious violation of the rules and regulations of the employer” in the termination of labor contracts, so as to protect the rights and interests of workers and improve judicial credibility.