证券市场导报Issue(5):3-13,46,12.
职工董事与民营企业劳动诉讼:"名副其实"抑或"形同虚设"?
摘要
Abstract
In recent years,the number of labor dispute cases in China has continued to increase,and the issue of labor relations in private enterprises is the most critical problem in labor-management conflicts.At present,state-owned enterprises are mandatorily required to establish employee director positions,private enterprises adopt them voluntarily.Whether employee directors in private enterprises can protect workers'rights and alleviate labor-management conflicts warrants in-depth investigation.Using private listed companies on Shanghai and Shenzhen A-share markets as samples and based on judicial verdict data,this study finds that the establishment of employee directors significantly reduces labor litigation in private enterprises,a conclusion that remains robust after a series of robustness checks.The mechanisms operate through:First,participation in compensation and assessment committees enhances the objectivity and rationality of compensation systems,effectively restrains excessive executive compensation,significantly improves compensation equity,and reduces the likelihood of labor disputes arising from distributional imbalances.Second,participation in major decision-making and supervision of decision implementation constrains management's opportunistic behavior,reduces agency costs,enhances employee identification and trust,and decreases labor disputes stemming from governance issues.Heterogeneity tests indicate that the governance effect of employee directors is more pronounced in enterprises with higher labor costs,lower employee trust,and higher labor intensity,as well as in enterprises operating in highly competitive industries,regions with higher unemployment rates,and regions with weaker legal environments.This study provides valuable reference for improving China's employee director system,constructing harmonious labor-management relations,and promoting high-quality development of private enterprises.关键词
职工董事/劳动诉讼/劳动关系/民营企业Key words
employee directors/labor litigation/labor relations/private enterprises分类
管理科学引用本文复制引用
王砾,杨佩佩,郑煜轩,代昀昊..职工董事与民营企业劳动诉讼:"名副其实"抑或"形同虚设"?[J].证券市场导报,2026,(5):3-13,46,12.基金项目
教育部人文社科项目青年基金"人口老龄化背景下企业劳动力需求的演变与调整路径——基于用工需求与用工模式的研究"(项目编号:25YJC790101)、国家自然科学基金面上项目"劳动者权益保障视角下的企业雇员关系研究:治理因素及经济后果"(项目编号:72372048) (项目编号:25YJC790101)