Research On Employees' Participation System In Enterprise From A Legislative Aspect

Traditional theory considers that the company is the owner of physical capital of the material. To the shareholders of the Commonwealth, the company is based on operating capital, because capital owners enjoy the company of the shareholder's has absolute controlled over it. In Twenty-first century since the sixtieth time, with the traditional Anglo-American model of corporate governance, as well as the exposure of defects in the economic theory of democracy, ownership of human capital theory and the theory of corporate social's responsibility to the employees at the role of corporate governance is becoming increasingly prominent. At the same time, employee's participation in the practice because of the ease with labor-management relations, and the protection of the interests of workers, companies improve economic efficiency, were to improve the corporate governance structure of positive significance for the countries of concern to the Companies Act.In the Period of planned economy in China, enterprises, mainly through the form of Employees Representatives' Meeting on behalf of the General Assembly to participate in the management and decision-making. The current "Company Law" On this basis, further improve corporate governance of the workers involved in the specific path. This is not only a knowledge-based economy under the conditions of Corporate Governance "people-oriented" specific requirements, as well as a market economy under the conditions of our country the majority of workers involved in corporate governance system provides security, is the value of appreciation. It is worth pointing out, however, in spite of the planned economy and business legislation and in 1993 the "Company Law", the new "Company Law" in improving the employees' participation has made considerable progress, but there are still some issues requiring urgent solution .This article, using comparative analysis and empirical analysis, introduces the general theory Employees'Participation from a legal perspective, then the introduction and analysis of the successful model and practical experience abroad, and then on this basis implicated that the rationality of employees participation and its positive significance for building a modern enterprise system in our country. Finally combined with employees' participation of our country's legislative practice, carried out targeted analysis, pointing out the system's deficiencies in our country at present, and formulating the recommendations that setting up trade unions to improve participation system in our country.In addition to the introduction and conclusion, the artical is divided into four parts, as follows:Part one, an overview of employees' participation. In this section, I first explained the concept of employees' participation and then introduce a system of trade unions to participate in two different modes, which are management participation and benefits participation. The focusing on an analysis of the history of the system and its social and political background, including the development and expansion of the labor movement and the level of economic and technological improvement.Part two, the theory basis of employees' participation and the regulations of oversea law about this system. In this section, the author analyzes the three major basic theories: the democracy economic theory, the ownership of human capital theory, and as well as the companies' social responsibility theory. At last, taking Germany and the United States as example to analyze the above-mentioned difference between the two countries in the legislative system model, and then point out its significance and enlightenment for our country.Part three , analyzing the rationality of employees' participation. This part is the core of this article. In this section, the author first analyzes that this system has important function such as reducing the agent costs, improving the efficiency of corporate governance, and stimulating the workers' production enthusiasm, etc. Then, pointing out that to consummate the employees' participation in our country, not only can ease the labor conflicts, and safeguard the legitimate rights and interests of workers, but also can effectively improve the company's internal monitoring system. On this basis, the author also discusses that in the current background of the reform of state-owned enterprises, the intrinsic motivation of majority of employees participation in corporate governance of state-owned enterprises.Therefore , In our country, the status of employees' participation, defects and improves the legislation. In this section, I would like to claim that our country workers to participate in the current legislative status of the system, including the "constitution" as the fundamental to the "Company Law" and "Labor Law", "Trade Union Law" and so as the core set of legal system. Second, I focus on reviewing the existing legal system, participation in trade union weakness. Finally, I made through the improvement of the existing "Company Law", and then put forward a suitable condition in our country, and the interoperability with the practice of the Legislative Council staff so as to participate in the system concept.