Employees To Participate In The System Of Legal Issues,

This dissertation, titled by "Research on the Legal Issues Concerning Employee Participation System" mainly focuses on relevant legal problem about employee participation and conducts a comprehensive and systematic research. Employee participation is the basic characteristic of modern enterprise system, as well as one of the booming areas in modern juris study. However, due to the broad sphere of this subject, there is not yet systematic research finding in China. The reason why the author chooses this subject and is committed to deepening into employee participation and employee participation system is that this subject is of indispensable importance for establishing modern enterprise system against the background of opening-up policy in our country as well as the realistic need for clearing up the complicated relationship between relevant laws and regulations in market economy.The employee, as the human resource and the stakeholder of the enterprise, is attached importance by worldwide countries. Accordingly, the development of employee participation and employee participation system has become the worldwide tendency. As far as the our primarily established and improving socialistic market economy, introducing effective employee participation system is the best way for securing the social economy status and legal rights of enterprise labors.In the author's view, the research on legal problems of employee participation and employee participation system should conduct a thorough check for its historic process including idealistic origin, theory basis, specific economy and social political background and other relevant social systems. At the same time, it should find various problems of this system while its operation based on most basic social facts, then raises constructive improvement suggestion in compliance with our countries condition. The discussion about legal problems of employee participation in this dissertation follows the above idea.This dissertation is comprised by introduction, main body, conclusion and index.In the introduction, the author briefly explains the reason for choosing this subject, then dissertates the theoretic value and reality meaning for this subject and narrates the study scope and relevant concepts and glossaries of this subject. Also it enlists and concludes some research finding on this subject so as to set the premise for further research in this dissertation.Chapter One "Generality of employee participation and employee participation system" is the theoretic pandect about employee participation. Beginning with such theoretic issues as the concepts of employee participation, right to employee participation basic types of employee participation and the characteristic, it deeply deliberates the legal status of employee and relationship with the enterprise. In consideration of better comprehending the ground and logic issues, the author also draws a preliminary analysis on the worldwide political background for springing-up employee participation system.Chapter Two "The Main Theoretic Basis for Employee Participation System", specifies in introducing and evaluating the mainstream doctrines and theories on employee participation system worldwide, such as employer-employee balance theory, corporate social responsibility theory, employ autonomy and self-govern theory and personal relationship concerning modern management theory. The author attempts to conclude these main and basic theories, then lead the readers to deeper insight into employee participation system.As the object of reference and comparison, Chapter Three and Four in turn deliberate employee participation system in Western Countries. Employee participation system now becomes indispensable part of modern enterprise system in western countries. At the same time, employee participation system is also a cutting point for us to comprehend the reason for western countries capitalism.Chapter Three "Employee Participation System Abroad", concentrates on employer-employee negotiation institution and employee directors, supervisory board, especially co-determination system in Germany including its tradition, contents and legislative condition. The author also attempts to analyze deeply the dilemma problem arising out of dual identity of employee director and employee supervisor, then introduce different policies choice in the main advanced countries.Chapter Four "Employee Stake Participation System", introduces obligatory stake participation system in France, ESOP in USA, UK and Japan, employee property accumulation system in Germany. Especially the author deliberates the origin, legislative history and practice after World War Two of employee participation system in France. The author believes that it will provide valuable reference for the establishment of our employee participation system via the introduction to relevant the above countries.Chapter Five "The history and situation of our employee participation system", lays emphasis on our current employee management-participation and interest-participation respectively. The former includes worker representative council, labor union, worker director and worker supervisor and other types of management participation. The later iscentered by worker share-holding system. On the ground of analysis on the history of our employee participation system, the author concludes some important features of current employee participation, further tries to generalize accurately the new development and current situation after open-up policy.Chapter Six "The problem of our employee participation and legislation improvement". On the base of chapter five, the author attempts to discover all fundamental problems in our employee participation system, thereof analyses relevant legislative situation and raise concrete legislative suggestion about improving worker management participation and worker interest participation, for instances, the transition of the characteristic of worker representative, expanding the its scope and limiting its competence, securing the independence of the worker union.The last part of this dissertation is the "Conclusion" which is the conclusion of this dissertation and also raises the prolonging discussion of some important issues in this dissertation, such as how to tackle the different profiles of the relation between the worker and enterprise, the meaning for improving our employee participation system in practice and increase the ability and awareness of participation. Finally, it checks the shortcoming of this dissertation and directions for further research.In the author's point of view, due to the special complexity of all kinds of obstacles in the transition of our market economy and establishment of modern enterprise system, to construct and improve our modern employee participation system, it should follow our country current situation as well as insist learning from practice abroad, then through our own legislation and innovation of reasonable system, to form a legal system with a view to safeguard the worker's interest, the establish our own employee participation system.