It is the embodiment of labor force as human capital to guarantee the labor participation right of laborers and enable them to participate in the democratic man-agement of enterprises. However, in practice, adverse selection and moral hazard caused by information asymmetry will lead to the fact that workers'right to participate in labor can not be guaranteed, so it needs to be prevented. From the perspective of law and economics, this paper discusses how to realize the protection of labor participation rights of workers by trade unions through the game between workers'congresses or workers' congresses, workers'directors and workers'supervisors and enterprises, and draws suggestions.