Legislative Research On Employee Participation Mechanism

For more than 40 years of reform and opening up,China has become a "world factory" with more than 300 million wage laborers.How to efficiently protect the legal rights and interests of this huge group has become a key issue in the field of labor law.From the current labor law and regulations in China,it is mainly to protect the labor rights of laborers from the provisions of the minimum standards of labor rights and the relief after the rights are damaged.These two points can solve the problem but are not good at preventing the problem.Taking precautions is left to us by the philosophers and is also the lowest cost way to achieve the rule of law.Therefore,this article takes wage laborers(also known as “employees”)as the research object,and believes that the rapid development of computer networks will produce rapid and profound impacts in a subtle way,the new crown epidemic is also continuing to affect the social operation.It is important to Strengthen the communication and cooperation between labor and management,so that each employee can work with dignity,and input continuously the mainstays that truly support the operation of our society and strengthen the society’s ability to withstand pressure and adaptability to fluctuations and challenges.In other words,China can use employee participation mechanisms such as corporate committees and other systems to strengthen communication and cooperation between management and employees,so that potential conflicts can be exposed and internally resolved in a timely manner,ensuring that employees’ legal labor rights are not violated and respected,and helping Chinese companies to cultivate and to retain high-quality competitive talents,therefore to achieve a win-win situation for the companies and employees.The structure of this article is as follows:The first chapter mainly discusses the concept analysis,theoretical basis,forms and effects of employee participation.Firstly,analyze the concept of employee participation and related concepts to form a preliminary understanding of the concept of employee participation and employee participation mechanism,and then analyze related domestic and foreign theories and their historical background,including labor movement promoting industrial democracy’ birth and the decline of labor union power,promoting the development of labor relation system theory,social progress leads to the renewal of social rights theory and labor property rights theory,thereby deepening the understanding of the concept of employee participation.Finally dividing the levels and forms of employee participation and analyzing the implementation effect of employee participation,discussing the specific meaning of the employee participation mechanism suitable for our country’s context.The second chapter mainly analyzes the foundation and obstacles of our country’s employee participation mechanism legislation.First,discuss the necessity and possibility of establishing cooperative labor relations in China from the perspectives of social encouragement and social demand.Secondly,there are still difficulties in establishing an employee participation mechanism in China in terms of the insufficiency of the existing legal system and the resistance of enterprises.Our country’s existing democratic management system resources are double-edged swords,and the disadvantages are greater than the advantages.The problems of formalization and bureaucratization are prominent.It is easy to waste national resources and violates the original intention of protecting the rights and interests of laborers.The third chapter is the analysis of the legislative model of the participation mechanism of foreign countries.Through combing the experience of various types of legislation outside the territory,five models have been sorted out: the trade union-led model,the state-led and strengthened enterprise committee model,the co-determination model,the transnational model,and the workers’ congress model.The five models are analyzed from the perspectives of whether my country should be used for reference or not.The main aim is to avoid the negative experience of the five models and the dissatisfaction after transplanting to our country.Finally summarize the enlightenment to our country.The fourth chapter mainly puts forward suggestions to improve the legislation of our country’s employee participation mechanism.Exploring the establishment of new corporate committees,formulating corporate committee laws,and making corresponding amendments to the regulations of the aforementioned agencies on the basis of China’s existing statutory institutions of labor unions,employee congresses,employee directors,and employee supervisors.Specifically,the establishment of two major statutory bodies,which are the enterprise committee and the trade union,will be based on the cooperation of the enterprise committee mainly set up inside the enterprise and the trade union outside the enterprise,combined with a variety of voluntary and flexible forms of employee participation that are not restricted by law,such as:employee directors,employee supervisors,employee stock ownership,and disclosure of factory affairs,etc.,to form a stable linkage mechanism that encourages personality matching.