The Legislation Deficiencies And Improvements On Employees’ Participation In Bussiness Administration In Our Country

With the rapid development of Chinese economy and the increasing wealth of society, especially the booming enterprises and the implementation of professional manager system, workers have been usually excluded from the the business management policy-making, which leads to the tension of labor relations and the opposition between employees against corporate managers. It seriously affects the Chinese social harmony, discourages workers’ownership spirit, and weakens their enthusiasm of involvement in business management & inventions. In general, the production efficiency and operating profit have direct relationship with business management. The mobilization of the employees’participation in business management matters to the efficiency of management and production. Some foreign countries, such as Germany, have enacted industrial co-determination law and workers’participation in decision-making law. The implementation of these laws not only greatly cut down the industrial conflicts in capitalist country, but also improve its production efficiency.As a country of socialist public ownership, China should mobilize greatly workers to participate in enterprise management in order to reduce management costs and improve the efficiency of production & operation. However, China’s current legal system still has some deficiency. Either lack the regulations about workers’participation in enterprise management, such as private law, foreign investment enterprise law, or lack the practical significance of workers democratic management, such as the state-owned industrial enterprises law etc. Due to employees participation in enterprise management system is imperfect, labor conflicts in Chinese enterprise management prick up, and the efficiency of enterprises’production and operation reduce greatly.Employees’participation in business management is not only practical, but also theory-based. The related theory includes the following aspects:firstly, "the people-oriented theory". To some extent, that is "the stuff-oriented theory". According to this theory, workers are masters of the enterprises who own the right to know enterprises’ production, operation & allocation etc., and participate in the enterprises’management. Only in this way can the management wisdom, labor enthusiasm and inventions of all stuff be evoked. Secondly, "the stakeholder theory". Enterprise is composed of human capital and physical capital, which is the carrier of all parties’interests. No matter whether the two parties involving employees and employers, or the three parties involving employees, employers and managers, all of them in a equal status. Adequate protection of workers’ participation in corporate management can helps the corporate investors, managers, workers and others to realize all-win harmony, ease the conflicts between them, and reduce unnecessary operation cost. Thirdly, "the democratic management theory". Workers should be given the right to speak and the right to make decision about enterprises’operation. Let workers to participate in enterprises’ management so as to protect their interests from employers’and managers’damage. Through these ways, workers will care more about the survival and development. Then the economic efficiency of enterprises will be improved and the labor conflicts will be eased. Fourthly, "the fairness and justice theory". Corporate wealth is created by workers who take advantage of the capital goods and their own labor. So, the distribution of wealth should be jointly coordinated by both labor party and capital party in order to guarantee workers a fair share of material benefits of enterprise development.The current legal system about workers’participation in enterprises’management is not perfect, which mainly reflected in the following aspects. Firstly, the legislative guidelines don’t pay enough attention to workers’ practice of participating in management. Secondly, some enterprises laws, such as collective corporate law, private law and the foreign investment law and so on, don’t regulate to set workers’ congress system. Thirdly, the state-owned industrial enterprises law doesn’t set scientific regulations about democratic management. The law doesn’t endow workers with the right to know, the right to present bills, the right to vote and the right to supervise etc. Workers only have the right be be annunciated by the managers’decisions. Fourthly, corporate governance committee and the enterprise union don’t have practical significance. For example, corporate management committee just let the workers to assist managers’work. They are only in assistant position. Besides, there are no laws to specify the proportion of workers in corporate governance committee. If worker representatives were not up to half, they participation in decision-making didn’t make any sense.In a word, workers right to participate in enterprises’management should be clear in our country’s legislation. To give the worker representatives of workers’conference the right to know, the right to vote, the right to make decision and the right to supervise. To give the workers representatives of corporate governance committee the right independent of enterprise and managers in finance & personnel etc. Besides, the corporate directors and supervisor should not only be responsible for the workers’ conference, but also be elected by it. The rotation policy should works. In this way, the employees’ participation in enterprise management system will be improved, the labor conflicts will be solved, all the parties of enterprise will enjoy a win-win and the democratic management will be effectively implemented.