The Legal Research For The Systerm Of Employee Directors And Supervisors

With the establishment of modern enterprise system, the structure of corporate governance has changed, "shareholder interests first" thinking began to be insteaded of "the interests of both type", employees in the enterprise as a labor representative and the employer representatives on behalf of shareholders between conflict of interest in a market economy is considered to be using the system to reconcile. Employees through the employee representative system of directors and supervisors to the board of supervisors the right to drive decision-making and monitoring of rights, established the system of workers in the company’s position in the corporate governance structure.It is an important part of the modern system with Chinese characteristics’construction, but also is the important ways of our employees participate in corporate governance.European countries after World War II, gradually established their own country for business development system for directors and supervisors of workers, which is more representative of the early British system of employee directors and supervisors, co-workers in Germany and Japan, decision-making system of labor negotiations. In the comparative analysis of the Western system of employee directors and supervisors, the directors and supervisors of the workers and avoid weaknesses of the system can indeed learn a lot of experience, but our economic environment and the corporate governance structure has its own characteristics of our country, the overall pattern of imitation of the West will certainly acclimatized.Today, our directors and supervisors of workers in respect of the establishment of the system, there are many deficiencies, such as the imperfect legislation, operating mechanism is not complete, inadequate supervision, etc., so many companies do not implement employee directors and supervisors system, and some companies even staff director and staff supervisor, but also a mere formality. Therefore, workers in the current and future directors and supervisors of construction and development of the system, we first of all employee directors and supervisors to strengthen the system of education and outreach work; followed in legislation, the rich system of company law directors and supervisors of the employees of the relevant provisions, where possible circumstances,Staff issued a separate system of administrative rules and regulations of directors and supervisors; once again strengthen the system of employee directors and supervisors supporting mechanisms, such as employee directors, supervisors regular meeting, the question mechanism, operating mechanism, etc.; Last enhance employee directors, supervisors and supervision, making the staff director Supervisors can truly represent their interests and to safeguard their interests.