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On the Rights of Employees in View of the Corporate Law

Author: LuHongYe
Tutor: WangYanMing
School: Jilin University
Course: Civil and Commercial Law
Keywords: employee’s right working right human-capital right
CLC: D922.291
Type: Master's thesis
Year: 2008
Downloads: 72
Quote: 1
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Abstract


Employees’ rights and the protection has been a social problem and the focus of public attention in our country. The rights not only have a great deal to do with employees’ vital interest, but the steady, harmony and progress of our society as well. It has become a matter of common concern that some enterprises, especially the labour-intensive ones should violate employees’ rights to get the most economic benefits. In the conflict between enterprises and employees, it is always the former who seizes the initiative.Viewed from the legal angle, the protection of employees’ rights need to be greatly strengthened. Compared to developing countries, legal resources and our protection of employees’ rights are relatively weak. All these problems are closely related to our country’s legislation and policies, labour theory and inadequate knowledge of company jurisprudence. In company jurisprudence and Corporate Law, there are , to a degree, some incorrect principles and a lack of rules about the concern for employees.On the one hand, a capital-centered company law is undemocratic, unfair, imperfect and defective. Company jurisprudence used to be capital-centred and remain at a directorate-centred and shareholder-centred stage. A corporation was considered to be an organization based on capital and a tool of stockholders to make a profit. And protecting the interest of shareholders was the main purpose of Company Law. Whereas the theory of manpower capital, interest-related group and company’s social responsibility have proved that a corporation is a combination of capital and labour force, and that an employee’s proper needs and interest should be protected. Therefore, a traditional corporation must abandon its wrong idea that shareholders’ benefit is supreme and simultaneously protect the rights of both capital owners and employees in an equal way.On the other hand, Corporation Law includes provisions about employees’ rights, but the content has some defects.In terms of an enterprise, a corporation is the representative and employees are a labourers. In our country, the legal form of an enterprise is mainly the system of a company, which is featured by society, demonstration, standard and value. Being an employee in a company is a labour’s normal status. When Corporate Law shifts its responsibility for the protection of employees’ rights on to Labour Law and disregards the social position of companies and employees, it will undoubtedly lower corporations’ responsibility to the society and neglect employees’ special rights. As a labourer, an employee in a company is different from the definition of a labourer within the category of Labour Law. The labour rights can not completely embody all the rights of an employee. Labour Law just emphasizes the ordinary protection of labourers but attaches less importance to their rights in a company. Because of the fact that Corporate Law shifts its responsibility for the protection of employees’ rights on to Labour Law and shows no difference of the rights between company employees and ordinary labourers, it can not protect their rights properly.Therefore the study of theories and practice about the protection of employees’ rights will properly guide various enterprises to solve such problems. It is also of great realistic importance in promoting the development of the protection of labourers in all enterprises and even the cause of human rights.For all the above-mentioned reasons, the thesis will conduct a study of it by using some essential approaches of jurisprudence and some other departmental laws. They are mainly the analytic methods of semantics, value, history, comparison and reconsideration. In the thesis, the idea for the study is as follows:1. To protect the rights of company employees, a company must first identify the rights and status that employees should have when working it.2. What are the rights that employees should have, where do the rights come from and why should the rights be concerned?3. The solution to these problems is the base of identifying employees’ rights in Corporate Law. And the logic order that the thesis follows is presented in discussing the following questions: the definition of company employees and their rights, identification of employees’ rights, reasons for the jurisprudence of Corporate Law to protect employees’ rights, the importance of protecting employees’ rights in a company and the measures that a company takes to protect these rights.Based on the above-mentioned train of thought, the thesis is divided into five parts:PartⅠThe definition of employees in Corporate Law context. This part mainly defines the concept of employees and clarify the characteristics of employees in Corporate Law by using the term "company employee" based on the present law.PartⅡThe construction of Corporate Law with a purpose of protecting employees’ rights. As a main part of the thesis, it first defines the concept of company employees and analyses the three levels their rights. Company employees’ rights are a combination of rights featured by their status and the value they may produce, which is based on the basic human rights of an ordinary person. The total right with the right of working as the content and featured by the right of owning manpower is a subordinate concept of company employees’ legal rights. Secondly, according to the legal construction of employees’ rights, it elaborates on company employees’ rights of working and owing manpower in detail.PartⅢThe legal basis of company employees’ rights. This part first proves the legitimacy of protecting employees’ proper rights. Secondly, it reconsiders and criticizes the nature of corporations. Thirdly, From the angles of sociology, economics, and politics, it introduces the manpower-capital theory, economic-democratic theory and social responsibility theory which requires that both beneficiaries and corporations should take their responsibilities to the society. It also does a textual research about the jurisprudence served as the basis of employees’ rights.PartⅣThe value argument about employees’ rights. This part expounds the legal significance of employees’ rights and the protection of them from the angles of fairness, efficiency and order.PartⅤThe protection of Corporate law with a purpose of protecting employees’ rights. This part first analyses the constitution and content of employees’ rights, and the necessity and legitimacy that Corporate Law should contain provisions and regulations about the protection of employees’ rights. On the basis of that, it introduces some proper, effective and constructive measures of protecting the rights.Conclusion. This part emphasizes the importance of supervising Corporate Law, summarizes the content, the legitimation of construction and protection measures of employees’ rights, and carries on an outlook for some questions which are.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > National Economic and Social Development Act
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