Employee supervisors refer to employees democratically elected by employees in the board of supervisors of a joint stock limited company or a limited liability company to represent the interests of employees, check the company's finances, and supervise the activities of directors and managers. Employee supervisors are needed in the board of supervisors, and the specific proportion of employees shall be stipulated in the articles of association.
The specific selection method of employee supervisors is decided by the organization representing the interests of all employees. When the original state-owned enterprise is reorganized into a limited liability company or a joint stock limited company, the employees of the enterprise are generally elected and replaced by the employees' congress as employee supervisors. The employee supervisors of the company may also be elected and replaced by the trade union of the company.
Article 51 of People's Republic of China (PRC) Company Law A * * * limited liability company shall have a board of supervisors, and its members shall not be less than three. A limited liability company with fewer shareholders or smaller scale may have one or two supervisors instead of a board of supervisors.
The board of supervisors shall include an appropriate proportion of shareholders' representatives and employees' representatives, of which the proportion of employees' representatives shall not be less than one third, and the specific proportion shall be stipulated in the articles of association. The employee representatives in the board of supervisors are elected by the employees of the company through employee congresses, employee congresses or other forms of democratic elections.
The board of supervisors shall have a chairman, who shall be elected by more than half of all supervisors. The chairman of the board of supervisors shall convene and preside over the meeting of the board of supervisors; If the chairman of the board of supervisors is unable to perform his duties or fails to perform his duties, more than half of the supervisors shall jointly nominate a supervisor to convene and preside over the meeting of the board of supervisors.
Directors and senior managers shall not concurrently serve as supervisors.
Article 52 The term of office of a supervisor is three years. Upon expiration of the term of office, a supervisor may be re-elected.
Where the supervisor fails to be re-elected in time upon the expiration of his term of office, or the members of the board of supervisors are less than quorum due to the resignation of the supervisor during his term of office, the original supervisor shall still perform his duties in accordance with laws, administrative regulations and the Articles of Association before the re-elected supervisor takes office.
Article 53 The board of supervisors and the supervisors of a company without a board of supervisors shall exercise the following functions and powers:
(a) to check the company's finances;
(2) To supervise the acts of directors and senior managers in performing the duties of the Company, and put forward suggestions for the removal of directors and senior managers who violate laws, administrative regulations, articles of association or resolutions of the shareholders' meeting;
(3) To require directors and senior managers to correct their actions when they harm the interests of the company;
(4) Proposing to convene an extraordinary shareholders' meeting, and convening and presiding over the shareholders' meeting when the board of directors fails to perform its duties as stipulated in this Law;
(five) to submit a proposal to the shareholders' meeting;
(6) To institute legal proceedings against directors and senior managers in accordance with the provisions of Article 151 of this Law.
(seven) other functions and powers stipulated in the articles of association.