The Discussion Of Supervisors Safeguard Workers Rights

Supervisor as the main body of undertake supervision in the company internal governance structure, exercise supervision to the company and the directors and senior management personnel.With the development of modern companies, directors and senior management permission to expand, more and more damage to workers rights and interests continuous occurrence, as a safeguard the interests of one of the main trade union organizations, due to their own defects and the plight of real interest to protect the workers more and more limited role, in this case, the exercise of supervision as a supervisor, a matter of course should shoulder the responsibility of safeguarding the interests of workers. Supervisors play a direct impact on the rights of workers to achieve equity in the company's degree, In this regard, need for specialized research on this issue in order to protect workers rights in the company's implementation.This paper aims to analyze the legal status of supervisors, clearly the rights and obligation(?)isors, and stressed the supervisors on the protection of the rights of company employees on the basis of need, supervisors how to make the task of maintaining interest in the idea of company employees. In addition, analysis of the shortcomings of existing laws, and put forward reasonable proposals. Paper is divided into four parts, The first part is safeguard the interests of the supervisors of the theoretical basis; the part two is the path of supervisors safeguard their interests; the third part is supervisors for our law provisions safeguarding the interests of employees of the company and its problems; the part four is employees of the company to strengthen the rights and interests of supervisors uphold the laws of countermeasures.In the first part, starting from supervisor's legal status in the corporate governance structure, reaserch the supervisors of the rights, obligations and legal responsibilities, Interest from workers in the company's realization of the path of departure; run a careful analysis of the reality of the plight of trade unions, staff representatives and trade union rights and interests of the General Assembly and the lack of interest may exist between the company conflict, come to the supervisors need to safeguard their interests.In the second part, analyzed the supervisors safeguard worker rights and interests of the path, Mainly achieved by three. First, supervisors in the company decision-making process to protect the interests of workers, including supervisors may attend board meetings, resolutions to the board as well as raise questions or suggestions, or proposed to convene the general meeting convened. Second, the process of company workers rights and interests of the maintenance supervisor, mainly through the supervisors the right to exercise the company's financial check; oversight and approval of the business and the exercise of investigative power to achieve. Third, after the supervisor of violations of workers rights to seek relief, can violate the laws, administrative regulations, articles of association or the resolution of the shareholders of directors, senior management of the recall proposal. And under certain conditions the directors and senior management on litigation to achieve. Through these measures, supervisors can really achieve in the company's intention to safeguard the legitimate rights and interests, protection of workers rights and interests against infringement.In the third part, main analysis the status and trouble of supervisors maintenance company worker rights and interests. First, from our company law and other relevant laws regarding supervisors safeguard worker rights, based on the related regulations, analysis of the main defects in the current law, maintenance worker rights for supervisors to the lack of necessary incentive mechanism and corresponding restriction mechanism; then analyzes the reality of Supervisors to maintain interest in the plight of workers, the supervisor not has the right to personally carry out supervisory work; the board of supervisors company not have the right to lodge a complaint for directors and executives violations worker rights; lack of independence of supervisors, strong dependence; shareholder supervisors'conflict of role between safeguard interests and the in the pursuit of profit maximization, worker supervisors easy to be captured by the company.In the fourth part, I proposes strengthening supervisors maintenance company worker rights and interests the legal countermeasures. First, improving the supervisor "access" mechanism, enhance the independence of supervisors, we must ensure the independence of the identity and to ensure that the financial independence; Second, to further improve the system of workers' supervisors, including the different types of workers to determine the proportion of worker supervisors, clearly the special obligations of worker supervisors, perfect worker supervisors'supervision and restraint mechanisms, clear the dismissal of worker supervisors in the company law of procedure rules, improve the safeguard mechanism system of workers' supervisors for exercising supervision in five aspects of content; Third, strengthening supervisors safeguard worker rights and powers; Fourth, strengthen the personal responsibility of supervisors and fault liability system.