Study On Legal Attribute Of Equity Incentive Disputes

As more and more enterprises use equity incentive system to motivate employees,the disputes caused by equity incentive also increase day by day.In judicial practice,different courts have different understandings on the nature of equity incentive disputes caused by equity incentive contracts.The first view is that the equity incentive contract is an integral part of the labor contract,and the disputes arising from the equity incentive contract still belong to the disputes arising from the existence or past labor relationship between employees(laborers)and the company(employing units)in essence,so the disputes should be accepted within the scope of labor dispute cases.The idea that the nature of labor contract does not change because of equity incentive contracts,contract is for the purpose of to better management of workers,by encouraging workers,make laborer play more value,and solid in the form of equity incentive contract both sides of the labor relations.,by contrast,the other part of the argument is that equity incentive contract,is typical of conditional civil and commercial contract,employees(workers)and company(unit of choose and employ persons)established by the legal relationship between equal subjects through communication consultation and consensus,in the equity incentive contract,laborer is no longer in order to get jobs and make the commitment,but in order to obtain preferential terms to buy the company stock commitments,embodies the cooperation of both sides,desirability,rather than subordination,so should be subject to adjustment or should not belong to the contract law,company law and other labor dispute dispute.This paper holds that the disputes over equity incentive are complicated,and its legal attributes should not be identified mechanically,but should be comprehensively analyzed and judged from the following three aspects: the identity of the subject of equity incentive,the causes and the litigation request.