Public-private partnership refers to the policy and movement of socialist transformation aimed at national capitalists and private self-employed workers in 1956 after the property of imperialism, feudalism and bureaucratic capitalism was confiscated after the founding of People's Republic of China (PRC). Public-private partnership is an advanced form of state capitalism adopted by China in socialist transformation of national capitalist industry and commerce. Generally speaking, it has gone through two stages: private-public partnership of individual enterprises and public-private partnership of the whole industry.
The profound changes in many aspects of enterprise production relations brought about by this are as follows:
1, the enterprise is owned by capitalists and changed into a public-private joint venture, with public representatives in the leading position;
2. Capitalists began to lose the right to operate enterprises;
3. The profits of the enterprise are distributed according to the principle of "four horses divide the fertilizer".
legal ground
Company Law of the People's Republic of China
Article 18 The employees of the Company shall organize trade unions and carry out trade union activities in accordance with the Trade Union Law of People's Republic of China (PRC) to safeguard the legitimate rights and interests of employees. The company shall provide necessary conditions for the activities of the trade union. On behalf of employees, the trade union of the company signs collective contracts with the company on matters such as labor remuneration, working hours, welfare, insurance and labor safety and health.
According to the provisions of the Constitution and relevant laws, the company implements democratic management through workers' congresses or other forms.
When studying and deciding on major issues in restructuring and operation, and formulating important rules and regulations, the company shall listen to the opinions of the company's trade unions, and listen to the opinions and suggestions of employees through the workers' congress or other forms. Article 20 Shareholders of a company shall abide by laws, administrative regulations and the articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.
Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law.
Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.