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劳动争议仲裁委员会审理劳动争议案件,对企业行政就职工违纪而作出的行政处分、经济处罚和除名、辞退决定,是否享有变更的权力,能否裁决变更,值得研究。由于1987年7月国务院发布的《国营企业劳动争议处理暂行规定》没有明确规定,实践中对此一直有争议,而且具体做法也不一。归纳起来,主要有三种观点和做法:一是不能作出变更裁决,主要理由是对违纪职工的惩处权利为企业行政享有,仲裁委员会对企业行政的处理决定裁决变更,
Labor dispute arbitration commission hearing labor dispute cases, administrative penalties for business executives on disciplinary sanctions, economic sanctions and removal, the decision to resign, whether to enjoy the power of change, whether the decision changes, it is worth studying. Since the Provisional Regulations on the Dispute of Labor Disputes in State-owned Enterprises promulgated by the State Council in July 1987 have not been clearly stipulated, there has been controversy in practice and the specific practices are not the same. To sum up, there are mainly three kinds of viewpoints and practices: First, the decision on change can not be made. The main reason is that the punishment right of violating discipline workers is enjoyed by the enterprise administration. The Arbitration Commission decides to change the decision on the administration of the enterprise,