Dilemma And Countermeasure On Labor Laws Regulating The Senior Managers Of Company

"Labor Law of the people’s Republic of China "("labor law") enacting on January1,1995and" Labor Contract Law of people’s Republic of China "("labor contract law") enacting on January1,2008both aim to protect the laborers’ rights and interests, which will help to alleviate the presentproblem that rights and interests of workers are violated but unable to get timely and effective relief.However, these laws do not define clearly employer, employee and labor relations. Workers are abroad group, in which different levels workers are and each level has its own characteristics.Compared to ordinary workers, the senior managers of the company are a kind of particular“strong” group who are not only employee but also employers. From the point of relevantregulations on "labor law" and "labor contract law", law-makers pay little attention to the seniormanager’s special status. Lack to special provision to this kind manager will lead to unfair injudicial practice. This paper aims to study the senior manager’s main characteristics and solve theapplicable dilemma of relevant labor laws.Firstly, this article defined the senior management of the company and analyze theircharacteristics combined with the problem of labor laws regulating senior management of thecompany. Secondly, this article study the difference between ordinary worker and the seniormanagers in the application of "labor law","labor contract law", such as overtime wage applicableproblem、the period of labor contract, the prohibition of joining trade union organizations, salaryproblem when fails to conclude a written labor contract, unilateral termination system, liquidateddamages clauses. Finally, this article insists the senior manager should be exception in theapplication of the relevant workers’ basic rights and obligations, the business secret protection andnon-competition provisions.