The Research Of Law Institution In Worker's Participation In Company Management

In recent years, there appears a trend that the company' s social responsibility should serve the relative benefits. Meanwhile, under the condition of knowledge economy, human capital, together with the material capital is taking charge of the company, and it plays a more and more important role in economical development. As the possessor of company' s human capital, the worker' s labor property rights should be admitted and the rights to take part in the company management should be given in order to form a beneficial community which shares the weal and woe with the company' s progress. Therefore, the workers' participation in company management has being a hot topic that arouses more and more nations' attentions, which many a developed capitalistic state carry it out of their own. In spite of different social institution and history background, workers' participation in company management undoubtedly has been the new change of corporation management being worth paying attention.In China, there is long-term tradition in workers' participation in corporation management, which reflects workers to be master in one' s own affairs. With the establishment of market economy and the penetration of corporation system reform, the theory and form of workers' participation in corporation in planned economy encountered great challenge. It can' t ensure an essential result in the worker' s participation in company management. Therefore, workers how to participate in company management is an unavoidable important problem which to be resolved urgently in need of modern corporation system. However, China' s corporation and labor legislations don' t have adjustment on this background change. The present style of worker' s participation in company management, which has made some negative effects, not only lacks of necessary system arrangement.,but also strong practical operation. In order to form a more effective rights restrictive company administration structure, and set up a modern corporation system suits for market economy, it is necessary to research China' s legislation on worker's participation in company management based on reference to foreign countries' advanced experiences, and to give, encourage and ensure workers a range of rights to participate in company management by system arrangement.In this article, the writer first gives an explanation on the main conception, model, character, objection, scope and limits of authority on worker' s participation in company management, and reveals its reliable theory basis, realistic background, the conflict and influence to traditional corporation system. Then after a brief introduction and evaluation to the relevant foreign countries' worker' s participation in company management system by comparison means, this article mainly analyzes legislation situation and malpractice at present on China' s worker's participation in company management system. Finally, it raises the following improving ways in the light of the short comings in this system: the company legislation should adopt the standard of choosing whether to introduce this system depending on the company' s scale and the belonging industry, and for the suitable companies, it is necessary to carry out ihe worker' s participation in company management system forcedly; carry out the pluralistic pattern by using for the Germany and Norway legislation precedents; make clearly the measure to guarantee worker delegates to fulfill their obligations effectively and keep away from discrimination; explicate the specific proportion of worker delegates taking part in the board of supervisors and directors; perfect the worker delegation conference; strengthen the free-litigation on this system, define worker' s rights remedy and related person' s legal responsibility, etc..