Research On Balance Of Labor And Capital Benefits In The System Of Virtual Equity Incentives

There are various forms of employee stock ownership and equity incentives.Virtual equity incentives are one of the important ways of equity incentives.However,due to the long-standing understanding of what constitutes “virtual equity”,the concept of labor and capital opposition is deeply rooted in the practice field,resulting in many cases.In the handling of entities and procedures,the goal of fairness and equality has not been achieved.The trial results are sometimes over-protected by workers,sometimes excessively inclined to the company,and the trial scale is not uniform.The problem of "different judgments in the same case" is prominent,leading to labor disputes at this dispute point.The conflict is significant.Through statistical analysis of a large number of relevant refereeing documents,we can find out exactly what nature it is and what laws and procedures are applicable,which are controversial at both theoretical and practical levels.Aiming at these problems,this paper analyzes the legal principles behind the virtual equity incentive system,clarifies the connotation of virtual equity incentives,the key issues of the legal nature and characteristics of virtual equity,and takes the different identity relationships as the entry point to the imbalance of labor interests in virtual equity incentives.The reason behind the explanation is to explain the problem and propose a solution under the existing legal framework.On this basis,according to the change trend of the “de-regulation” of the labor law,look forward to the future of the system and explore the theoretical and institutional revision path of the balance of labor and capital interests.The main body of this paper is divided into four chapters.The argument logic is to find out the status and focus of the current virtual equity incentive referee through the case,and focus on the virtual equity nature issue and the personnel identity relationship as a breakthrough to try to define the clear virtual equity nature and legal attributes.To clarify the multiple legal relationships between employees and companies,and finally propose a method based on the actual situation,using various methods in the existing legal framework,the way of legal convergence,and some suggestions for institutional amendments.The first chapter of this paper,in order to study the rigor of the study,collected the judgments in the case database in detail,and obtained a total of 53 judgments,a total of 35 cases.Through the analysis of these cases,it reflects the current labor law system.The six major problems of contradictory virtual equity nature and personnel identity issues have plagued such cases fairly.The second chapter of this paper first compares the concept of virtual equity with equity holding,virtual equity and double-shareholding structure,and breaks the inherent understanding of virtual equity as equity with only voting rights and no voting rights.Then through the theory of two-point stock debt,the legal nature of the virtual equity is analyzed,and it is concluded that part of the virtual equity is equity and part of the virtual equity is the debt.In the third chapter of this paper,another core issue of virtual equity incentive cases is that virtual equity incentives participate in the compound membership,resulting in multiple legal relationships.These legal relationships have three types of identity relationships: shareholders who are laborers,workers who are senior managers,and ordinary workers who are shareholders.This paper introduces the legal theory and current legal basis that can clarify the interlacing of labor relations and other relationships in the referee,such as the co-opetition of claims,comprehensives,hole filling,contract union,and litigation.The following applies the theory and the law.Consolidate the foundation.The fourth chapter of this paper,the substantive and specific application of the judgment criteria proposed in the second chapter,comprehensively judges the legal attributes of virtual equity incentives.Comprehensively apply the methods proposed in Chapter 3 to clarify the legal relationship,comprehensively analyze the legal relationship between employers and employees,and propose a solution path under the existing legal framework.On this basis,the concept of “de-regulation” and “elasticity” was introduced to improve the legislative principles of labor law norms,and to gradually rationalize the connection system between labor law and civil law,especially the existing labor law pre-procedure.