Company Employees To Participate In System Research

As to the traditional corporate law, corporation is the entity of capital owners and shareholders and operates basing on capital, which give the absolute control to the shareholders. But the development of system of employees' participation make the defects of traditional corporate law more and more clear. Jurists in the west constitute the theory of economic democracy, theory of human resource and corporation' s social responsibility, which make the employees' participation become part of corporate law. At the same time, many countries' corporate law are concerned that this system can release the tension between employers and employees, protect the interest of employees, improve the benefit of corporations and improve corporations' structure.In Germany, appointing employees to the board of directors and board of supervisors is the characteristic and work very well. It can be got lessons from its good operation, including releasing the tension between employers and employees, making employees avoid suffering from corporations' decision, protecting corporations' interest and keeping the stability of the society. The employees' holding shares in U.S, which was designed to act as welfare and to prevent the splitting up at first, gives the reasonable cause of employees' participation to the corporate law and make this participation more acceptable for the shareholders. Based on that, many countries break through the notion of welfare in legislation and regard interest incentive and policy making system as the target of employees' holding shares in the market economy nowadays.Chinese employees joined the management and policy making through the employees representatives' meeting before corporate law appeared. It was proved that such meeting was significant to protect the interest of employees and make them more active and creative. This kind of meeting also can improve the profit, supervision to managers and the state-owned properties. On the other hand, such participation was based on the integrative interest of employees and was political. Employees never feel that they are the owners of enterprises from the economic aspect and joined the management only with their political passion which lasted for a short time, which was not suitable to the contemporary corporate structure.Legislators wanted to emerge the employees' participation into the corporate structure according to such system in the west and made the system of employee director and employee supervisor. But it is based on the ownership relation. When the private economy becomes more and more stronger and the stat-owned share is being reduced, the base of this participation is being undermined At the same time, there are many defects in this system, including the electing procedure of representatives, number of the seats of employee director and employee supervisor and the right of these representatives.This article research systems of employees' participation of home and abroad, the experience of our "country by using the comparative and historical methods. By this, the defects of legislation and operation are pointed and suggestion is brought out.Part one gives the brief introduction of the history and reason of employees' participation firstly. By discussing the characteristics and comparing with other concepts, the accurate concept of employees' participation is given. And by the additional analysis of such system in the west, the employees' ■ participation system has been defined into five modes: the mode of ownership, the mode of management, the mode of supervision, the mode of information and the mode of profit.Part two discusses .the legitimacy and the challenges to the traditional corporate law of the employees' participation system. It introduces that jurists in the west constitute the theory of economic democracy, theory of human resource and corporation's social responsibility, which gives the basic legitimacy. Secondly, it is pointed that the challenges appear certainly.Part three bring the suggestion to our country by analyzing the employees' participation system in U.S and Germany. This part gives the research result that that the base of such system is legislation and policy, such system should be set up on the contemporary corporate structure and the balance between employees' participation and their excessive influence on management must be kept and employees' holding shares will be practical.Part four is in order to design the new employees' participation system. First of all, the problems of legislation and operation have been pointed out to underlinethe necessity of reform. Secondly, more methods to improve the situation havebeen given out...