Research On Stock-based Compensation Of Employees And Legislation Of Labor Rights In China

With the full development of capital market,the demand of modern enterprise system has produced the unique management means--equity incentive.In China,although the application time of equity incentive system is still short and the popularization needs to be improved,the practical problems caused by it are not trivial.It not only involves all aspects of enterprise management,but also profoundly affects the rights and interests of every worker involved in it.At present,the legislation of equity incentive system in China is relatively confused,and there is much blanks in many fields,which directly leads to the confusion and divergence of the application of the law in judicial practice.Especially in the related labor disputes,incentive equity is not only different from the form of traditional wages,but also seems to have something in common with it,and the existing theories have not explained it too much.This fundamental problem has led to many intractable disputes.As an efficient governance tool,the equity incentive system will be increasingly selected and practiced in the future,and it will inevitably maintain a continuous self-improvement process,further promoting the sound development of employee-employer relations.At the same time,the issue of rights and interests’ protection of workers increasingly exposed during this period also requires constant attention.For a large number of disputes in judicial practice,there are no good legislative and practical solutions to the imbalance of labor and capital interests,improper design of incentive system and the most important employee withdrawal mechanism.The author expects,through the empirical analysis,on the basis of bringing the incentive equity into the wage category and clarifying the legal relationship in the incentive contract,the laborer can be put within the framework of the labor law and the protection of labor rights and interests can be improved from the aspects of the formulation of rules,supplementary measures,and supervision and management,so as to give full play to the positive effect of the equity incentive system.