1. Shareholders can be paid when they work in the company. According to the company law, a company should pay its employees. Shareholders who do not work in the company and do not hold the positions of directors and supervisors should not be issued, nor should they be issued. 2. Shareholders can only distribute dividends to them according to the distributable profits calculated in each fiscal year. Any transfer of the company's property to shareholders in other ways may be regarded as a violation of the company's capital preservation principle, involving a violation of the Company Law. At present, there is nothing in the national legislation that prohibits workers from having shareholder status. Therefore, whether they have the status of workers other than shareholders involves the identification of evidence and the criteria for judging labor relations. In contrast, the author thinks that the second view of the above analysis is more reasonable: 1, shareholders are not in a weak position, so relatively strict standards should be applied to labor relations. The identification of labor relations in Chinese laws tends to protect vulnerable workers, so the identification standards are not strict. As investors, shareholders are in the position of leadership and management, and their power is above ordinary workers. Knowing the company's emergency affairs, they can use their power to obtain superior evidence, and even use their official seals to forge evidence. 2. Shareholders are in the position of managing the company and are not subject to the management of the company. Shareholders exercise leadership, decision-making, approval and management, and employees in labor relations are managed by the company. Most of its work objectives and contents are arranged by itself, not by the company. 3. The purpose of shareholders' labor is not to get remuneration, but to promote the development of the company to get more investment and income, and there is no performance pressure, which is different from ordinary labor. 4. Labor relations should be based on the principles of voluntariness, equality and consensus. Shareholders volunteered to provide labor spontaneously, and the company passively accepted it, failing to reach an agreement to provide paid labor services, which violated the principle of equality and voluntariness in the labor law. Usually, there are two possibilities for shareholders to provide services for the company: one is to voluntarily provide services for the company to get more dividends when the company is short of manpower or thinks it is more conducive to its own management; The other is simply getting paid for labor. Therefore, in order to confirm the existence of labor relations with the company, shareholders must rule out the first possibility, that is, they must provide evidence to prove that they agreed to establish labor relations with the company before, and also comprehensively judge whether there is actual employment behavior and whether there is personal affiliation between workers and employers, that is, there is a relationship between management and being managed.
Legal objectivity:
Article 11 of the Labor Contract Law: If the employer fails to conclude a written labor contract at the same time of employment, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited employee shall be implemented according to the standards agreed in the collective contract; If there is no collective contract or there is no agreement in the collective contract, equal pay for equal work shall be implemented. Article 34 of the Company Law: Shareholders shall receive dividends in proportion to their paid-in capital contributions; When the company increases its capital, shareholders have the priority to subscribe for the capital contribution in proportion to the paid-in capital contribution. Except that all shareholders agree not to pay dividends according to the proportion of capital contribution or not to subscribe for capital contribution in priority.