Problem description:
The answer can't be yes and can't be yes.
Analysis:
According to the provisions of the Company Law, shareholders can make capital contributions in cash, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in money and transferred according to law. However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations.
As labor service investment does not belong to "monetary investment" or "non-monetary property that can be valued in money and transferred according to law", at present, China's laws do not allow "labor service" as a contribution to obtain shares in the company.
However, according to the Measures for the Administration of Equity Incentives of Listed Companies of CSRC, listed companies can provide long-term equity incentives with shares of the company as the target to their directors, supervisors, senior managers and other employees. A listed company that intends to implement the equity incentive plan can solve the source of the underlying shares in the following ways according to the actual situation of the company: (1) issuing shares to the incentive object; (2) Repurchase the shares of the company; (3) Other ways permitted by laws and administrative regulations.
It can be seen that "directors, supervisors, senior managers and other employees" of listed companies can obtain a certain amount of company equity by providing "labor services". However, there are strict restrictions on the proportion of these shares used for incentives.