公司职工法律地位分析-民商法学专业论文.docx

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract In different history period, labors in the company have different legal status. Before the third plenary session, workers are the host of the enterprise, and they turned into employees after the state-owned enterprises reformation, the carry out of the new company law which pointing out the company can buy the stock to reward their workers again give the labors a protagonists 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 a quite low legal status. While they are in the same position with shareholders under the theory of the stakeholder, the enterprise contract and the companys social responsibility. By studying the process of the reformation about the legal status of company worker in two law systems. We know that the legal status of company worker in these two law systems is changing and improved gradually. These countries with mainland legal system improve the legal status of their labors by encouraging worker’s participate in company management. Such as Germany with its labor codetermination policy. And common law countries 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 of labors. We have both the employee stock ownership policy which reflect the interest of workers and the worker director, worker supervisor policy which reflect the participating of the worker in the company’s management. Needless to say, there are a lot of problem in our existing policy and it need to be improved. this paper think that in order to boost the legal status of the company worker, we can improve from the following five aspects: firstly, we should constantly refresh our management philosophy and strengthen our social r