论职工董事的法律地位

摘要

The legal status of employee director is complex. Employee director is worker representative democratically elected by the workers＇congress. Employee director is the company＇s worker and member of director board. So the legislation needs to define clearly the relationship between employee director with workers＇congresses and unions and the board of directors . There are still some shortcomings about the employee director system in our country, such as dispersed legislation, different content, and lack of coordination. And from a practical point of view, em- ployee director system has not been effectively implemented. China＇s legislation should expand the scope of employ- ee - directors, clear the elective system of employee director, implement the consistent principle of rights and responsibilities, and clear the scope and the proportion of employee representatives.%职工董事的法律地位具有复杂性。职工董事是经过职工代表大会民主选举产生的职工代表。职工董事既是公司的劳动者,也是董事会的成员。因而立法需要明确规定职工董事与职工代表大会、工会和董事会的关系。目前我国职工董事制度的规定还存在一些不足,如立法分散、内容各异,缺乏协调性。而且从实践来看,职工董事制度并没有得到有效执行。我国立法应扩大职工董事的设置范围,明确职工董事的选任制度,贯彻权责一致原则,明晰职工代表的比例和来源。