Can employee shares be withdrawn?

Q: Employees subscribed for shares in the company, or employees subscribed for shares in the new company as promoters. After the employee resigns or the labor contract is terminated, can he keep his shares in the original company or ask to quit? Does the company have the right to unilaterally ask employees to withdraw their shares? Company's point of view: whether the subscribed employee shares can continue to retain the shares of the original company depends on whether there is such a clause in the relevant regulations on employee shares formulated by the company. If this clause stipulates that the employee who has left the company cannot continue to retain, the company has the right to ask you to withdraw. A: The company's view is inappropriate. The company has no right to unilaterally require employees to withdraw their shares. Of course, employees generally have no right to withdraw their shares unless they transfer their shares. One principle of China's company law is the principle of capital preservation. After the establishment of the company, shareholders may not withdraw their capital contribution. In addition to reducing the registered capital, the company shall not acquire its shares. Moreover, the company law has strict regulations on the conditions and procedures for the company to reduce its capital. In general, it is difficult for a company to reduce its capital. In addition, the company is unlikely to decide to reduce capital for the sake of employees' personal shares. Even if the capital is reduced, the shareholders' shares cannot be repurchased without their consent.