The Judicial Protection Of Labor Rights In Equity Incentive Dispute

Whether the equity incentive dispute belongs to civil disputes or labor disputes,the different answers to this question determine the procedure and entity legal norms applicable to the case of the equity incentive dispute.Different law application will influence the result of the case's entity processing and the worker's success rate.At present,the judicial practice of our country embodies different standards of equity incentive disputes,which affects the protection of laborers ' rights and interests,so this paper tries to study from the perspective of judicial referee and puts forward some suggestions on perfecting the equity incentive system to protect the legitimate rights and interests of laborers.In addition to the conclusion of this paper,there are four parts as follows:The first part is an introduction,this part mainly on the writing background,domestic and foreign literature research review,research methods and innovation points.The second part is the case study of equity incentive dispute,which based on the second instance of the cases form 2015-2018 nationwide.Came to the following conclusions : Firstly,the overall characteristic of equity incentive dispute case are as following:(1)The number of cases keeps growing every year,(2)Equity incentive dispute mainly occurred in same places;(3)The incentive methodes of equity areconcentrated;(4)there are many causes of equity incentive dispute;(5)It is difficult for workers to win in an equity incentive dispute;(6)Almost 40%caseswillgo through the second trail process.Secondly,the adjudication of equity incentive disputes in judicial practice presents the following characteristics:(1)The majority equity incentive disputes are deemed to civil dispute,and(2)a small proportion of equity incentive disputes are regarded as labor dispute.The third part of the paper is equity incentive controversy.This part mainly discuss the current domestic and foreign legal theory and practice of the nature of the equity incentive dispute.The "civil dispute","labor dispute" and "new dispute type" is three main point of view.We concluded that equity incentive disputes should be regarded as labor dispute in order to protect workers' rights and interests.The Forth part is the proposal to strengthen the judicial protection of the laborers' rights and interests.We proposes to strengthen the judicial protection of the laborers 'rights and interests both in procedural and substantial law.First,it is clear that the case of equity incentive is in the scope of the case of labor dispute,and should be examined in accordance with the Labor case procedure,and the provisions of restrictive provisions on workers ' rights and interests should be reviewed in the process of trial,and the equity incentive Agreement shall not violate the relevant provisions of labor law and guarantee the rights and interests of laborers.