On The Protection Of Employee's Rights By Corporation Law

On the basis of the reflection from the aspect of corporation law on the case of American steel workers v. United States steel corporation, the author draws the problem of inspection of the protection of employee's rights. Then beginning with the changes of the patterns of enterprise and the systems of enterprise rights, the author analyses historical course of the protection of employee's rights. As far as the author is concerned, protection of the employee's rights should be attached more importance to whether in the individual proprietorship enterprises or in the partnership ventures or in the modern companys. With the development of economy and the evolution of enterprise systems, the corporation law which bases upon material capital and takes the protection of proprietary rights of material capital owner as purpose, hasn't adapted to the development of modern enterprise theory. Thus how to improve the protection of employee's rights has become the urgent matter of corporation legislation in every country. According to the traditional enterprise theory, protection of employee's rights essentially contradicts with modern enterprise system. So from four aspects the author analyses the theoretical bases which urges the protection of employee's rights gradually on to more attention all around the world under the new condition of history. First of which is theoretical basis of law, that is critics to shareholder primacy. Second of which is social theoretical basis, that is theory of corporation social responsibility. Third of which is economical theoretical basis, that is theory of manpower capital. Fourth of which is political theoretical basis, that is theory of economic democracy. Soon afterwards the author makes a systematical design as to the protection of employee's rights. According to the author, the key to strengthen the protection of employee's rights is to perfect the employee participation system which includes employee stock ownership system and employee managerial participation system. When discussing employee stock ownership system, the author mainly traces back to the origins and development orbits of this system, analyses the system's significance, dissects the key of employee stock ownership system, that is the problem of labor capital investment converting share, and distinguishes employee stock ownership system from employee ownership. When expounding managerial participation, the author first comments on managerial participation and managerial participation right in brief. Then introduces employee managerial participation system in foreign countries especially in Germany. Finally puts forward some suggestions to perfect our country's employee managerial participation system.