Legal Analysis of Employee Participation in Enterprise Management
摘要
In theory, it is difficult to highly abstract the legal theory of employee participation in enterprise management. The forms of employee participation in enterprise management are diverse, and the practices of employee participation in enterprise management in different legal domains vary significantly. They even conflict with each other theoretically and cannot be integrated. This indicates that the practice of employee participation in enterprise management has strong locality and nationality. What is more frequently discussed in academia are Germany’s industrial democracy and labor-capital co-decision system, the United States’ employee stock ownership plan, Yugoslavia’s worker self-management system, and our country’s employee representative congress system. These four practices can be regarded as systems of employee participation in enterprise management, yet they are based on completely different theories. Furthermore, we will find that, based on the different practices of various countries, abstracting one or several theories of employee participation in enterprise management often corresponds to a limited system and has no explanatory power for other systems of employee participation in enterprise management. So, why does the system of employee participation in enterprise management exist? What is its theory? How does the logic unfold from theory to theory and then to employee participation in enterprise management? According to the author’s analysis, there is a metaphysical proof system here.