A Formor Chairman Feng Because Of Pay V. Wolong’s Case Analysis

A former chairman Feng salary v. Wolong case, the focus of the followingdispute:(1) whether the chairman of "laborers";(2), chairman of the remuneration forwork equivalent to the labor remuneration;(3) Directors "labor relations" between thelong and the company. For the focal point of the first careful analysis of the dominantposition, chairman of the ownership of the problem, then that does not belong to him,and with the agent said, and the representative said that the point of view, rationalattributable to the employer side. Secondly, for the focus of two, the chairman of theremuneration for work is equivalent to the remuneration for labor, the two werecompared, and thus come to the conclusion of the chairman of the remuneration forwork is not equivalent to payment for labor. So far,25percent of the wages requiredby the chairman of the economic damages will lose the corresponding basis. The mostcritical issue is also mentioned in the focus of three, that is, between the chairman andthe company labor relations appears to the chairman of the board must sign laborcontracts with the Board to have a labor contract with labor relations. Definition of itsessence is not the case, labor relations is not because of the labor contract to beabsolutely identified, let alone legislation to protect the fact that labor relations doesnot have a labor contract. As defined in the labor relations between the chairman andthe company, it is necessary to combine the civil law subordinate and common law tocontrol the point of view, said a comprehensive evaluation. Between the chairman andthe company does not have labor relations, labor law applies to lose a premise. Withtilt protection of labor laws no longer apply to the strong main above, not only todefend the authority of the law and the maintenance of social equity and justice.Then, the reflection of China’s legislative, legislative defects found to lead toconfusion of the applicable labor laws, it is necessary to develop the special law forthe chairman of the special subject, the special subject of the main qualifications wereassigned in legislation also need to think deeply, to promote write the definition ofnormalized labor relations legislation in order to trial practice.Finally, the above analysis results, the case itself will no longer be applicablelabor laws and regulations, shall apply to the regulations of the Civil and Commercial.