How do high-risk executives guard against occupational risks?

The professional risk of executives exists in the process of establishment, decision-making, production and operation of enterprises, and runs through the whole life cycle of enterprises and the career of executives. In the eyes of many people, corporate executives are a group of glamorous people with high income, high consumption and high quality of life. In fact, behind the glamour, they are faced with the burden of career and life. Sub-health, depression and karoshi once became the health labels of this group. Not only that, many people don't know that the professional risks faced by executives have always been with them. With the increasing internationalization, diversification and complexity of the living environment of enterprises, enterprises are also facing multiple risks including politics, law and technology. As decision makers and managers, enterprise executives also bear the dual responsibilities of enterprises and themselves. China's company law stipulates strict obligations and responsibilities for senior executives, which not only gives them high income, but also gives them higher risks. Senior management personnel are responsible for the decision-making and management of the company. Decision makers directly control the development and lifeline of the company, and managers directly determine the life and death of the company. In the management work, due to their own ability, experience and other objective reasons, executives will inevitably be negligent. Once this kind of occupational risk occurs, in addition to causing huge losses to the company, executives may have to bear the liability for compensation far higher than their professional income. The civil liability of senior executives is mainly the responsibility of compensation for losses. The Company Law clearly stipulates the obligations that senior executives should bear and the possible civil liability risks. First of all, company executives have a loyal and diligent obligation to the company. If senior executives deviate from honesty, neglect their duties or violate laws, regulations and articles of association, thus causing losses to the company, they will inevitably be liable for compensation. In this case, it is wrong to think that you are the controller of the company and can prevent the company from claiming compensation. When the company's claim is slow, shareholders can directly sue the company's senior management and demand compensation. It seems that there is no luck here. Accordingly, senior executives should be law-abiding and pay attention to honesty, prudence and standardization when performing their duties. Secondly, if the resolution of the board of directors violates the law or the articles of association of the company or the resolution of the shareholders' meeting, causing serious losses to the company, the directors participating in the resolution shall be liable for compensation to the company. In order to avoid this risk, the directors should strictly examine the legality and compliance of the resolution when voting, and if there is any objection, it should be indicated in time and recorded in the minutes of the meeting so as to be exempted from responsibility. In addition, the law also stipulates that the following acts are forbidden: (1) misappropriating company funds; (2) Opening an account for the company's funds in its own name or in the name of other individuals. (3) illegally providing a guarantee; (4) self-trading; (5) competition; (6) Take the commissions of other people's transactions with the Company as their own; (7) Unauthorized disclosure of company secrets; (eight) other acts in violation of the obligation of loyalty to the company. In case of the above-mentioned behaviors of senior executives in their practice, the company can unconditionally exercise the right of return, that is, the income obtained by senior executives should be owned by the company, and if the actions of senior executives have not caused actual or obvious losses to the company, they will not be exempted from liability. Here, it is particularly important to emphasize item (8). The regulation of "other behaviors that violate the duty of loyalty to the company" is a great risk space in practice. Those that are not expressly stipulated are actually risk black holes, which deserve high attention. Compared with civil liability, the administrative responsibility, especially criminal responsibility, of administrative personnel is much more serious. The crimes committed by senior executives mainly focus on economic behaviors, and the common behaviors include commercial bribery, embezzlement of company property, illegal borrowing and misappropriation, providing false financial and accounting reports, and issuing stocks or corporate bonds without authorization. , involving company investment, investment and financing, listing, intellectual property, taxation, labor, production and circulation, litigation and other fields. In addition, if a unit constitutes a crime, its legal representative, directors, managers, financial officers and other directly responsible persons in charge should also bear corresponding administrative or criminal responsibilities. In a family business dispute case we handled, my brother, as the general manager, temporarily misappropriated the company's 5 million yuan to solve the company crisis, and my brother, as the chairman, was dissatisfied with the result of the crisis handling and sent my brother to prison on the grounds of "encroaching on the company's property". It can be seen that most of the risks are due to "carelessness" and "disharmony between people". Therefore, executives should always check themselves and check themselves. The professional risk of executives exists in the process of establishment, decision-making, production and operation of enterprises, accompanied by the whole life cycle of enterprises and the career of executives. So from this perspective, we say that executives are a high-risk profession. Due to insufficient attention to legal risk control and imperfect legal system construction, there are serious loopholes in the legal operation mechanism of most enterprises. Moreover, in order to save operating costs and improve profits, enterprises even ignored the legal provisions and played a "edge ball", which undoubtedly laid a huge hidden danger for enterprises and executives. Therefore, in order to avoid the adverse consequences caused by the illegal acts of enterprises or executives themselves, executives should attach great importance to and actively guard against occupational risks, improve legal awareness and enrich legal knowledge. What needs special explanation here is that the company is an autonomous organization. If its articles of association do not violate laws and regulations, it has the attribute and status of "articles of association". Therefore, it is necessary for senior executives to master the provisions of the articles of association, which can not only avoid taking unnecessary responsibilities for violating the articles of association, but also protect their rights by using the provisions of the articles of association. To sum up, when faced with professional legal problems, major decisions and even illegal acts have occurred, senior executives must be cautious in both prevention beforehand and remedy afterwards to minimize risks and hazards. In recent years, with the upsurge of overseas listing of China enterprises, the risk of overseas litigation of enterprises is also increasing. Since 200 1, many China companies, such as China Net, Netease, China Life Insurance, UT Starcom, Cao, Sina, and Worry-Free Future, have successively encountered class actions in the United States, involving huge litigation costs and compensation, which is a heavy burden for both enterprises and executives. To this end, some listed companies in China began to turn their attention to the "executive liability insurance" which is very popular in the developed insurance market. Executive liability insurance, that is, "directors &; "Senior management liability insurance" is a kind of "error and negligence insurance" in professional liability insurance, which refers to the insurance that directors, supervisors and senior managers of a company should bear economic compensation liability for negligence, negligence, misleading statements or violation of their duties. , causing the company or a third party to suffer economic losses. It is usually funded by the company and insured by the executives. At present, it is common for listed companies in developed countries to effectively transfer the professional risks of senior executives by insuring their liability insurance, and the proportion of insurance coverage is also high. According to statistics, the premium income of global executive liability insurance is estimated to be about $9.25 billion per year. More than 95% of American listed companies have purchased executive liability insurance, and the insurance coverage rate of some industries has even reached 100%. The proportion of Canadian companies purchasing is 86%, and the proportion of Hong Kong purchasing is over 70%. However, the insured amount of this type of insurance in China mainland market does not exceed 2%, and most companies still hold an active concern and cautious purchase attitude. A large part of the reason is that in the domestic market, there are still some difficulties in determining the premium and defining the liability of this type of insurance. Some experts pointed out that this kind of insurance will become an insurance product with sustainable growth and profit potential, and the market potential is huge. It is believed that with the further improvement of China's legal system and management mechanism, in the near future, executive liability insurance will play an important role in avoiding the professional risks of executives in China's mainland market.