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Shareholders must have a position in the company, either as general manager, chairman, or deputy general manager and other positions, shareholders can participate in the company's decision-making, of course, there must be the company's articles of association or the decision of the shareholders' meeting, so the work for shareholders should be regarded as working for the company under the leadership of the general manager or chairman or deputy general manager. In the final analysis, it is still working for the company, the company is an independent legal person, an independent organization granted by law, the shareholders put their property into the company, the shareholders enjoy the equity, and the property belongs to the company, which is the truth. This is a theory, and it is viewed from the perspective of external responsibility.
In fact, there is no difference in actual work, the company is also in management, working for shareholders is actually not much different from working for the company, but there is a difference externally, and if the company has more shareholders, there will be a big difference, because sometimes there is no agreement, so usually when doing things to be decent, can not be obviously biased towards anyone, so that others think that you are just working for the company...
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The shareholder of the company, he is the composition of the company, and working for the company and working for the shareholders should be two different concepts, and the salary is not the same.
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Not counted. A shareholder is a shareholder, and a company is a company, and although the two are related, both are independent entities.
Who works for is generally subject to the labor relationship determined in the labor contract.
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Working for the shareholders of the company does not necessarily count as working for the company. It depends on whether the job is of a personal nature to the shareholder or a corporate nature.
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If you work for the company's shareholders, you are not working for the company, because the work of the company's shareholders is not to serve the company, so it depends on the situation, some of them work for the company, right?
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It can also be said that the company is a shareholder who accounts for the majority of the share, of course, some employees are also shareholders, working for the company, in fact, also working for themselves
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Working for the shareholders of the company is not considered to be working for the company, unless it is arranged by the company.
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Of course, there is no conflict between the identity of shareholders and employees of the company, shareholders pay dividends, and employees pay salaries. If you do not meet the job conditions, the company also has the right to refuse.
Extended Materials
Shareholders are investors or investors in a joint-stock company.
It can be divided into institutional shareholders and individual shareholders as shareholders. Institutional shareholders refer to legal persons and other organizations that enjoy shareholder rights. Institutional shareholders include all kinds of companies, all kinds of enterprises owned by the whole people and collectives.
All kinds of non-profit legal persons and ** institutions and organizations. Individual shareholders refer to general natural person shareholders.
A shareholder is a person who holds shares in a joint-stock company or limited liability company and has the right to attend a general meeting of shareholders.
and has voting rights, and also refers to investors in other joint ventures.
The shareholders of a limited liability company have the right to consult and refer to the articles of association and the resolutions of the shareholders' meeting.
Records, resolutions of the Board of Directors, and the Board of Supervisors.
Resolutions and financial and accounting reports.
Shareholders of the company have the right to inspect the articles of association, the register of shareholders, and the company's bonds.
Stubs, minutes of the general meeting of shareholders, resolutions of the board of directors, resolutions of the board of supervisors, financial and accounting reports, suggestions or inquiries on the company's operation, directors and management personnel shall truthfully provide relevant information and information to the board of supervisors or the supervisors of a limited liability company without a board of supervisors, and shall not hinder the board of supervisors or supervisors from exercising their powers
Have the right to know the directors, supervisors and senior management.
Receiving remuneration from the Company; The shareholders' meeting has the right to require directors, supervisors and senior management to attend the shareholders' meeting as observers.
and accept inquiries from shareholders.
Shareholders shall provide their identity documents to the industrial and commercial departments when exercising the above-mentioned right to know and obtaining relevant materials from the industrial and commercial departments. If the industrial and commercial department requires other materials to prove the identity of the shareholder, such as a shareholder certificate, the shareholder may apply to the company to assist in the preparation and issuance.
In view of the interests, shareholders do not want to be known by the public transportation department when inquiring about the industrial and commercial archives, they can also ask a lawyer to inquire.
Anonymous shareholders are not eligible for the method of inquiring about industrial and commercial information with certificates. Because the industrial and commercial department cannot directly verify the true identity of the shareholders. Anonymous shareholders can only inquire about the company's industrial and commercial registration information through the company's assistance or lawyer**.
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The identity of the shareholder is only the investor of the company, and he enjoys the rights of shareholders in accordance with the provisions of the Company Law of China, and he can go to work without restrictions. Unless he is a shareholder and works in the enterprise at the same time, he or she shall perform the relevant obligations in accordance with the employment contract signed between him and the enterprise. There is no reason to be deemed to have waived its shareholder rights.
The shareholders of the company do not necessarily have to work for the company.
It is also possible that shareholders who do not work in the company and do not work in the company also have the right to participate in the company's profit distribution, because the profit distribution of other shareholders is frank and allows to complete a certain performance as a condition, so your profit distribution should consider this factor. In my opinion, it mainly depends on the difference between the company's requirements for shareholder performance and the salary time of employees as shareholders, if the performance is greater than the salary, your profit distribution should be deducted from the difference, if it is less than the salary, your profit distribution should be the same as the standard of shareholders as an employee.
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Legal analysis: If Yan Xiangzhu does not work in the company and signs a labor contract, or there is no non-compete clause, it is okay to have a banquet. If you are already working for a company and have signed an employment contract, you are not allowed to work for another company.
Legal basis: Article 147 of the Company Law of the People's Republic of China Directors, supervisors and senior managers shall abide by laws, administrative regulations and the articles of association of the company, and Shuqing shall have a duty of loyalty and diligence to the company.
Labor Contract Law of the People's Republic of China Article 91 Where an employer recruits a worker whose labor contract has not been terminated or terminated by another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.
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In the actual life of the world, it is relatively common for employees to be shareholders of other companies, but in order to avoid the occurrence of unfair competition, employees who serve as shareholders of other companies generally cannot be managers of the working unit. Legal basis: Article 23 of the Company Law of the People's Republic of China The establishment of a limited liability company shall meet the following conditions:
1) The shareholders meet the quorum; (2) The amount of capital contribution subscribed by all shareholders in accordance with the provisions of the articles of association of the company; (3) The shareholders jointly formulate the articles of association; (4) Guess that the limb has the name of the company, and establish an organizational structure that meets the requirements of a limited liability company; (5) Have a company domicile.
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Legal analysis: The shareholders of the company do not necessarily have to work in the company. It is also possible that shareholders who do not work in the company also have the right to participate in the company's profit distribution, because the profit distribution of other shareholders is based on the completion of a certain performance, so your profit distribution should consider this factor.
Legal basis: Article 33 of the Company Law of the People's Republic of China Shareholders have the right to inspect and copy the articles of association, minutes of shareholders' meetings, resolutions of board of directors, resolutions of boards of supervisors and financial and accounting reports. Shareholders may request to inspect the company's accounting books.
If the company requests to inspect the company's accounting books, it shall submit a written request to the company stating the purpose.
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Legal Analysis: There is a salary. According to the labor contract, if the company's legal representative and shareholders actually provide labor to the company or have a labor relationship with the company, then the company can pay them monthly wages in accordance with the law.
Legal basis: Article 11 of the Labor Contract Law of the People's Republic of China If the employer fails to conclude a written labor contract at the same time as employment, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standard stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.
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Legal analysis: The position held by the shareholder in the company is not fixed, and it can be any position or not in the company, which is possible. For example, in many joint-stock companies, employees also hold the company, and the management also holds the company, and they are all shareholders of the company.
A shareholder is a person who holds shares in a joint-stock company or limited liability company and has the right to attend and vote at general meetings, and also refers to investors in other joint ventures.
1. In terms of the relationship between shareholders and the company, shareholders, as capital contributors, enjoy the rights of the owners to share profits, make major decisions and choose managers according to the amount of their capital contributions (unless otherwise agreed by the shareholders).
2. In terms of the relationship between shareholders and banks, the status of shareholders is equal, and in principle, the same shares have the same rights and the same benefits, but the articles of association of the company can make other provisions.
Legal basis: Article 37 of the Company Law of the People's Republic of China The shareholders' meeting of a limited liability company shall be composed of all shareholders. The shareholders' meeting is the authority of the company and exercises its functions and powers in accordance with this Law. (1) Decide on the company's business policy and investment plan.
2) Elect and replace directors and supervisors who are not employee representatives, and decide on matters related to the remuneration of directors and supervisors.
3) Review and approve the report of the Board of Directors.
4) To deliberate and approve the report of the board of supervisors or supervisors.
5) Review and approve the company's annual financial budget plan and final account plan.
6) Review and approve the company's profit distribution plan and loss recovery plan.
7) Make a resolution on the increase or decrease of the registered capital of the company.
8) Make a resolution on the issuance of corporate bonds.
9) To make resolutions on the merger, division, dissolution, liquidation or change of the form of the company.
10) Amend the articles of association.
11) Other functions and powers stipulated in the articles of association.
If the shareholders unanimously agree in writing to the matters listed in the preceding paragraph, they may make a decision directly without convening a shareholders' meeting, and all shareholders shall sign and seal the decision document.
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Legal Analysis: Paid Brothers. According to the provisions of the labor contract, if the legal representative and shareholders of the company actually provide labor to the company and have an employment relationship with the company, then the company can pay them wages on a monthly basis in accordance with the law.
Legal basis: Labor Contract Law of the People's Republic of China Article 11 If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standard stipulated in the collective contractWhere there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.
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Shareholders are not paid if they do not go to work. Article 50 of the Labour Law stipulates that wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 91 stipulates that if an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: 1) Withholding or arrears of the worker's wages without reason;(2) Refusing to pay wages for extended working hours to workers and making false payments;(3) Paying wages to workers below the local minimum wage standard;(4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.
Need. But it also depends.
Under normal circumstances, shareholders do not need to bear the company's debts after paying the capital contribution in full, and the company is liable for its debts with all its assets. According to Article 3 of the Company Law, a company is an enterprise legal person with independent legal person property and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property. >>>More
1. It depends on whether the employee acts in accordance with the operating procedures and rules and regulations. >>>More
Negligence has been caused, the first is to see if there can be remedial measures to minimize the direct loss, directly bear the responsibility, evasion is not the best solution!
If the employer pursues the employee's liability for damages, it may request the employee to compensate in accordance with the agreement between the two parties and in combination with the actual loss. >>>More
If the employer pursues the employee's liability for damages, it may request the employee to compensate in accordance with the agreement between the two parties and in combination with the actual loss. >>>More