| Recently, the labor disputes of enterprise executives are increasing. In our country, the labor law has not removed the executives from the scope of protection of labor law. Therefore, under the current labor law system and in the judicial practice, the executives of enterprises are seen as common employees and their labor disputes are judged based on labor law. However, this practice has produced very unfair consequences in practice. It is controversial in the theoretical circle. The labor law is the protection law of the weak employees and inclined protection is its basic characteristic. However, the identity of the enterprise executives is special and they has enough ability to compete with the enterprise. Therefore, it is unreasonable to protect the enterprise executives as well as the common employees.Are the enterprise executives the employees in the sense of the labor law? Firstly, this paper defines the scope of them: the enterprise executives refer to the company’s manager, deputy manager, financial officer, the company’s secretary of the board and others stipulated in the company’s articles of association, including department manager, department header and other middle executives, except the directors, supervisors and general manager of the status as a legal representative. Secondly, according to the analysis of present situation of the legal application of enterprise executives, the academic and judicial practice are arguing whether the enterprise executives are the employees in the sense of labor law. In practice the dispute between the enterprise and the enterprise executives such as compensation dispute, not signing a labor contract should pay double salary etc. Different places have different ways to deal with it. The provisions are chaotic and contradictory. The key to the question lies in whether the enterprise executives have the status of the workers in the sense of labor law. And then based on the analysis of the special identity of enterprise executives, it is considered that the enterprise executives do not have the dependency in the sense of labor law. Finally it defines the identity of the enterprise executives again and it is recognized that it is a kind of appointment relationship between enterprises and enterprise executives. |
