在市场经济迅速发展的情况下,公司规模逐渐扩大,传统的公司治理模式——“股东会中心主义”不能适应公司的经营管理,所以,公司的治理模式转向了“董事会中心主义”。 在这种公司的治理模式下,董事会在公司中起着举足轻重的作用。董事是董事会的当然组成人员,行使着公司的经营管理权,在公司的概括授权下,经营管理公司的内外事务,他们在公司的地位是不言而喻的。
In the case of the rapid development of market economy, http://www.51lunwen.org/Labor/ the company gradually expand the scale, the traditional model of corporate governance - Shareholders Centrism can not meet the company's management, the company's governance model turned "centrism" of the Board of Directors. In this model of governance, the Board plays an important role in the company. The Directors Board composed of course, exercise of the rights of the company's management, the summarized under the authority of the company's internal and external affairs of the management company, their position in the company is self-evident. This makes people to continue to study the legal relationship between the director and the company (hereinafter referred to as the relationship between the director and the company), so that the correct handling of directors with the interests of the company disputes. The company law of our country does not specify the relationship between the Directors and the company, so scholars dispute there is a relationship between the director and the company. Law in China been revised several times, the company's registered capital dropped to 30,000 yuan, Adaptation should be the development of the socialist market economy, therefore, the number of China's small and medium-sized companies increased year by year. In these companies, the shareholders due to the lack of professional knowledge and expertise of the management company, so, in the pursuit of the interests of the company to maximize the process, they can not effectively management company. At the same time, the increasingly strong external competition for survival, the shareholders of large companies have begun looking in the labor market with professional knowledge and expertise of the management company to do the company's managers - Director. Therefore, the status of the directors increasingly professionalization. In real life, the director and the company caused due to the treatment of an increasing number of disputes, especially China's "Labor Contract Law" since the implementation, it is not labor for the workers, the directors and the company's directors of the Company is not a labor law relationship legal relations were discussed. These important reference for us to correctly understand the relationship between the Directors and the company's. www.51lunwen.org/Labor/
人们普遍认为,劳动者是指达到法定年龄,具有劳动能力,以从事某种社会劳动获得收入为主要生活来源,依据法律或合同的规定,在用人单位的管理下从事劳动并获取劳动报酬的自然人。
It is generally agreed that the workers are of legal age, have the ability to work, to engage in some kind of social labor income as the main source of livelihood, in accordance with the law or the provisions of the contract, under the management of the employer to engage in labor and a natural person for labor remuneration . For the connotation and extension of the concept of "workers", China's "Labor Law" and "Labor Contract Law" did not give a specific explanation or description. "Labor Law" in Article 2: "in the territory of the People's Republic of China enterprises, individual economic organizations (hereinafter referred to as employing units) and associated workers form a labor relationship, this Law shall apply state organs, institutions, social organizations and with the establishment of the labor contract workers, in accordance with this Law. "Labor Contract Law" supplement the foregoing slightly adjusted, 2 states: "The People's Republic of China's enterprises, individual economic organizations, private non- enterprise organizations (hereinafter referred to as the employer) and the worker to establish labor relations entered into, performance, change, discharge or termination of labor contracts Law shall apply to State organs, institutions, social organizations and establish labor relationships, con