Research on Employee Role in Corporate Law and Corporate Governance—A Focus on Employee Representation
Date Issued
2015
Date
2015
Author(s)
Cheng, Yu-Hsiang
Abstract
In Taiwan, corporate law is primarily about shareholders, boards of directors and managers, and the relationships among them such as fiduciary duty. Occasionally, corporate law concerns itself with bondholders and other creditors. Only rarely, however, does a typical corporate law course or a basic corporate law text pause to consider the relationship between the corporation and workers. This thesis tries to consider employee rights into corporate law. This thesis in chapter 2 reviews corporate law about the Article of employees, that is related to asset capital. All articles of employee in corporate law is employee participation with asset. Is that enough to employee? This thesis suggests employee involvement as a basic theory, analyzing the pros and cons of Taiwan corporate law. According to employee involvement, it''s an intuition legislated for labor director/employee director in corporate law. It''s a common institution in many European countries such as Germany and Netherland. Thus, this thesis in chapter 3 analyze whether it is translated labor director/employee director to Taiwan''s corporate law or not. In my conclusion, it is not appropriate to make labor director/employee director as a compulsory rule in Taiwan''s corporate law. The rule of labor director/employee director is at company discretion. Despite that labor director/employee director is a way of employee involvement, work councils, which is other way of employee involvement, provide a platform for employee and company to cooperate. In Taiwan jurisdiction, we have the same system as work councils. Therefore, this thesis in chapter 4 suggests that we shall improve our work councils existed system. It makes sure that employee can claim information right and consultation right. At same time, it helps company and employees have a good relation of employment. Last but not least, this thesis based on corporate governance proposes few advisory amendments to facilitate beneficiary interest of employee and it can avoid increasing cost of company in order to fit the amendments.
Subjects
Employee involvement
Corporate governance
Employee director
Work councils
Candidates nomination system
Type
thesis
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