A Query Of The Labor Identities Of The Enterprise Senior Executives

The labor disputes between senior executives and the enterprises are increasing.In our country, senior executives would not be excluded from the scope of protectionof labor law. Under the existing labor law system of China, the senior executivesalways are treated as the labor in the practice, and the disputes between the seniorexecutives and the enterprises is arbitrated or judged according to the labor law.However, this approach produces some very unfair practice consequences and acontentious issue within the theory. The labor law protects the labor who is the weak,and tilt protection is its basic feature. However, senior executives have enough powerto confront the corporation, so it is unreasonable to treat senior executives as workers.From the legal point of view, labor law is to protect workers. The key problem ishow to judge the “dependency”. To grasp this concept, we not only need to theknowledge of law hermeneutics, but also have the knowledge on evolution of the lawand the socio-economic conditions to grasp the reality of history. The reason why thelabor law to protect workers is workers are weak. There are many reasons for thisphenomenon that workers are weak, and the fundamental reason is economic reason.If senior executives are not weak in the economy, they should be excluded from thescope of protection of labor law.From a sociological point of view, senior executives are often in the middle andupper social class system and even the entire upper, with higher position and income,with more economic and cultural resources, and some even has the organizationalresources to have these three resources on the extent of view, ordinary workers andbusiness executives is quite different. Because in the legislative process legislatorsdid not take into account the labor itself is not a pure population. The labor has been alot of internal differentiation. This is sociology performance that senior executives arenot weak. However, it is not the fundamental reason.The fundamental reason is economic reason. From an economic point of view,senior executives within the enterprise micro enterprises gained control of the factorsof production in the macro market, workers with respect to the reason why employers are weak, simply because they own the factors of production-productionoperations in the production factor labor market is not a scarce resource. Seniorexecutives are different from them, because their unique management skills evenmore than a factor of production scarcity of capital, and therefore. With respect to thecapital side, senior executives can be said is a competitive advantage status.According to the current law, senior executives should be protected by laborlaws. But this applies to produce unfair result, within the legal system has also causeda lot of confusion. There is a cognitive error on the legal relationship between seniorexecutives and the enterprises. Senior executives should not be seen as laborersSenior executives do not belong to the workers, and they should be protectedfrom the labor law. What is the nature of relationship between senior executives andthe enterprises. As can be seen from the theory of traditional civil and corporate law,our country’s legal tradition is still followed. Follow the general interpretation of theidea of civil law,it will be explained by the relationship between labor supply. Thetheory of " contract of mandate" can be a good solution to the senior executives andthe supply of labor disputes between enterprises. This theory avoid conflicts. So itcan be as a final conclusion to the relationship between senior executives andenterprises.