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Company Employee Participation System

Author: LiJunQiang
Tutor: ShiHuiRong
School: Southwest University of Political Science
Course: Legal
Keywords: Employees to participate in Congress of Trade Unions Employee director Staff Supervisor ESOP
CLC: D912.29
Type: Master's thesis
Year: 2005
Downloads: 273
Quote: 2
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Abstract


Traditional law theory that capital owners or shareholders of the Commonwealth, operates on the basis of capital enjoys absolute control of the company's shareholders as the owners of capital. Workers of all countries involved in system development in the dispute continue, a perfect description of the history, the traditional theory of the Companies Act along with the development of productive forces, the progress of science and technology has been a marked showing the limitations. Western law theory community economic theory of democracy, human capital theory and the theory of social responsibility of the company to be corrected, so that the workers involved in the proper meaning of the system of company law. Employee Participation System because of its ease labor relations, to protect the interests of employees, improve the economic efficiency of the company, to improve the corporate governance structure in practice has positive significance for the countries in the Companies Act concerns. Germany by selected representatives of the employees into the Board of Supervisors, the participation of the Board of Directors, is an important reason for German workers to participate in an important feature of management and effective. The effect of its operation is very successful, both for easing labor relations traditionally fierce confrontation, moderate to protect the interests of employees from the pain of the corporate decision-making, protection of the economic benefits of the Company, or for social stability, have played a positive role, quite value reference. ESOP system in the United States, although the initial design concept is just the kind of welfare measures and to prevent polarization means, but it is on the basis of the original law theory to solve the reasonable premise of the workers involved in the system, and to provide a more easily as The shareholders accepted by the workers involved in the way. 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. Practice has proved that the workers involved in the system as the main form of workers' congress, safeguard the legitimate rights and interests, and to stimulate the enthusiasm and creativity of the workers, and improve the economic efficiency of enterprises, as well as effective supervision and managers to promote the preservation and appreciation of state assets has significance. However, during this period employees to participate in the establishment of the basis of the overall interests of workers, with a strong ideological color. Individual workers not directly from the economic interests feel is the owner of the enterprise, participation in management is a purely political enthusiasm, enterprise efficiency of this enthusiasm is short-lived. And participation in the system is out of tune with the modern corporate governance structure. With the reform of state-owned enterprises in China to promote the establishment of modern enterprise system, corporate law sought in accordance with the practice of the Western countries, the Employee Participation System integrated into modern corporate governance structure, provisions in the Companies Act, the workers the Directors and Supervisors. However, the scope and extent of participation by the workers still classified according to the nature of the company's ownership. With the growth of the private economy and the reduction of state-owned shares, is bound to affect this division is based on the play of the role of the workers involved in the system. At the same time, Employee Participation System Companies Law there

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CLC: > Political, legal > Legal > UNIVERSITY > Economic Law
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