| In different history period, labors in the company have different legal status. Beforethe third plenary session, workers are the host of the enterprise, and they turned intoemployees after the state-owned enterprises reformation, the carry out of the newcompany law which pointing out the company can buy the stock to reward their workersagain give the labors a protagonist’s status.The legal status of the employees are also influenced by other theories and concept.In the concept of "shareholder’s interests come first" company worker, as employee, has aquite low legal status. While they are in the same position with shareholders under thetheory of the stakeholder, the enterprise contract and the company’s social responsibility.By studying the process of the reformation about the legal status of company workerin two law systems. We know that the legal status of company worker in these two lawsystems is changing and improved gradually. These countries with mainland legal systemimprove the legal status of their labors by encouraging worker’s participate in companymanagement. Such as Germany with its labor codetermination policy. And common lawcountries mainly by improving labor relations as well as concerning about employees’interests, such as American with its employee stock ownership policy and so on.In our country, we learn from these two law systems to guarantee the legal status oflabors. We have both the employee stock ownership policy which reflect the interest ofworkers and the worker director, worker supervisor policy which reflect the participatingof the worker in the company’s management. Needless to say, there are a lot of problem inour existing policy and it need to be improved. this paper think that in order to boost thelegal status of the company worker, we can improve from the following five aspects:firstly, we should constantly refresh our management philosophy and strengthen our socialresponsibility. secondly, we need to admit that the common worker have the right toparticipate in the company’s affair and to broaden this content and their way ofparticipating gradually. Thirdly, give worker the right of derivative action litigation andother of this kind. Fourth, to restrict the behavior of senior executive by building improperbehavior solution policy. At last, we should try to find an effective way to improve the quality of staff from the aspects of the government, the company and the workers. Only bythis way can we improve the legal status of company staff effectively, so as to provides astrong institutional guarantee for the rapid development of our economy. |
