On The Protection Mechanism Of Employees' Benefits In Corporate Law

With the emphasis on the employees'benefits protection and the expansion of the influence of corporate, more and more scholars put forward that we should protect employees'benefits through corporate law. And then the protection mechanism of employees'benefits in corporate law, such as Employee Stock Ownership System and Employee Governance Participation System, emerged as the times require. This thesis mainly focuses on the protection mechanism of employees'benefits in corporate law. The author proposes that this protection mechanism is not perfect, and we should pay attention to its side-effect while people is being allured by its advantages, on the other side, protecting employees'benefits through outside mechanism is a useful complement to traditional protection mechanism and need our further research.This thesis comprises of three parts, i.e. Foreword, Text and Epilogue. The Text further consists of three chapters.Chapter I is a brief introduction of the protection mechanism of employees'benefits in corporate law. It presents the employees'benefits which are protected. This chapter also makes an introduction of the protection mechanism of employees'benefits in corporate law, and then points out that protecting employees'benefits through corporate law will result in the change of corporate governance structure.Chapter II is an analysis of the theoretical foundation of employees'benefits protection in corporate law. It puts forward that the protection mechanism of employees'benefits in corporate law protects employees'benefits by changing corporate governance structure. However, the theoretical foundation of employees'benefits protection in corporate law, such as Corporate Social Responsibility Theory, Stakeholder Theory and so on, could not provide satisfying basis for it.Chapter III discusses the actual effect of the protection mechanism of employees'benefits in corporate law. Based on the analysis of the actual effort, it is held that both Employee Stock Ownership System and Employee Governance Participation System are ineffective. On the contrast, the actual effect of outside mechanism, especially the SA8000 is obvious and remarkable.In conclusion, in the sight of the weakness of its theoretical foundation and the invalidation of its actual effect, neither Employee Stock Ownership System nor...