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Company employees involved in legal issues

Author: HuBingMei
Tutor: TangLiZi
School: University of Foreign Trade and Economic
Course: International Law
Keywords: Employees to participate in Congress of Trade Unions Employee director Staff Supervisor ESOP
CLC: D922.291.91
Type: Master's thesis
Year: 2006
Downloads: 259
Quote: 3
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Abstract


Traditional law theory that operates on the basis of the capital, enjoy absolute control over the company as a shareholder of the owners of capital. However, with the development of the productive forces, the progress of science and technology, the traditional theory of the Companies Act has obviously showing limitations. Western law theory community economic theory of democracy, human capital theory, theory and corporate social responsibility system allows employees to participate in its correction, as the legitimate regime of the Companies Act. At the same time, workers involved in its coordination of labor relations in practice, safeguard their rights and interests, and promote the economic benefits of the company to improve the corporate governance structure of positive significance for the countries in the Companies Act concern. Germany into the Board of Supervisors, the Board selected representatives of the employees, the establishment of employee participation, and achieved remarkable results. For easing labor relations traditionally fierce confrontation, moderate protection of workers' interests against the pain of the corporate decision-making to protect the economic benefits of the Company, maintain social stability, have played an active role in and learn many countries. The ESOP Although the initial design concept of a welfare measure, but it resolved in the original law theory based on a reasonable premise for employees to participate in, and provide an easier way for shareholders to accept the workers participate in the U.S.. Therefore, the legislation of many countries of the system, breaking the limitations of the welfare ideology, motivated and decision-making mechanism as the basic goals of the modern market economy under the conditions of the ESOP. Our previous enterprise workers to participate in enterprise management and decision-making through the workers' congress enacted in the Companies Act. The workers involved in, are of great significance to safeguard the legitimate rights and interests, and to stimulate the enthusiasm and creativity of the workers, and the effective supervision of the managers, and to promote the preservation and appreciation of state-owned assets. However, this system is built on the basis of socialist public ownership, with strong ideological overtones. With the advance of China's state-owned enterprise reform, and the establishment of modern enterprise system, this system of modern corporate governance structure is inconsistent. In this regard, China promulgated in 1993, \Further development in 2005, the newly revised \Our employees to participate in, however, still has some defects, needs improvement. The paper is divided into four parts: The first part is the basic theory of the employees of the company to participate in research, mainly related to the basic concepts involved in the model, the theoretical foundation, the History, and the system function; second part of the employees of the company involved in international comparative studies, the main choice and the effects of the most representative of the two countries - Germany and the United States, the workers involved in the practice, and reveal their inspiration and reference; third part of our company employees to participate in a number of legal problems, mainly related to the historical development, legislative status quo legislative defects, the fourth part is to improve the legal thinking of our employees to participate in, and put forward their own solutions on how to improve the relevant laws.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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