| Workers holding the shares,which is also called as the workers shareholding plan, was firstly proposed by the American lawyer Louis Kelso in 1953. It did not appear in China until the 80s of last century,accompanied by the shareholding system transformation in state-owned enterprises. Its starting point is reducing the state-owned enterprises's economic burden in transforming while stimulating the workers'passion and enhancing the enterprises'economic benefit. The theories both inside and outside of China over this topic, though they have different starting points and aspects when analysing the theory basises, they all admit that as the labor force participates in the creation of the profits, they have the right to share the profits. At the same time, they all think that the social problems, such as the faults of the allocation system, the social allocation injustice etc, can be fixed by them. Based on these consensus, the workers shareholding system is widely spread and used in the whole world. The workers shareholding union is born accompanied by the workers shareholding system. It is a necessary joint when applying the workers shareholding system. Its establishment can safeguard the fulfillment of the stimulus aim and welfare aim, making sure that the workers to take part in the company's management, the purchasing & selling and management of the worers'shares. But as the deepening of the enterprises'reforming and development, due to the lack of strict law definition and regulations, more and more problems appear in the reality operations, which bothered the economy development of our national market, and then our nation made some policies to encourage the dismissing of the shareholding union and let it die down. But at the same time, no laws had been made to guide these actions, so the borad of directors, executive council, the workers representatives union and company stockholder's union etc would often abuse their rights when the workers shareholding union is being written-off by canceling and transfering the shares of the workers. These cause the frequent loss of the workers'interest, while it is difficult for the workers to safeguard their rights.Since the author became a lawyer, she had dealt with several companies'worker shareholding cases. But due to the uniqueness of the company workers'shareholding comparing with the natural person and the corporation shareholding, it lacks laws and policies to guide them. So the author thinks that it is necessary to relate some cases and give out some constructive opinions over the workers'shares transfering in the written-off of our country's limited liability company's workers shareholding union.The article firstly introduced one case the author once dealt with, which was about the several workers'shares being infringed upon. Then, it briefly introduces the origin and inner content of our country's workers shareholding and the workers shareholding union. It points out that the shareholding workers are of similar status as the stockholders. The workers shareholding union belongs to the trust type organizations and clearly defines its duties with workers-oriented policy. Then by relating this case, it points out the ultra vires of the company, the workers share-holding union, the board of stockholders, the representatives union of the shareholding members etc in the time of workers'shareholding union being written off. By this, it also points out the lack and inefficiency of the present laws and clearly expresses that only the workers are the actual rights bodies when transfering their shares. The counterparts of the share transfering also have some range limits and clearly suggests that the workers shareholding union should be the decisive agency in the share transfering. Following that it analyses the workers's share transfering standards. At last it gives out some law-making suggestions over the standard operations over the workers share transfering for the worker share-holding union. |
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