Legal System Research On Labor Relation Subject Of Senior Executives

As a special group between employers and employees,on the one hand,senior executives are regarded as managers of a company and compared with ordinary laborers have particularities;on the other hand,under the current system of labor laws,senior executives’ laborer identity is also approved and regulated by labor laws. Due to the dual nature of senior executives’ identity, there are many difficulties in the process of applying labor laws.Firstly, the introduction puts forward the real situation of senior executives, the background and significance of this topic as well as the main views on the application of labor laws of senior executives at home and abroad.Starting from the labor contract dispute between Shanghai Jahwa United Co., Ltd. and its former general manager Wang Zhuo, the first chapter introduces the labor legal status of senior executives and the problems existing in the application of labor laws. Besides,this chapter focuses on the definition of the scope of senior executives, which is the premise to discuss the issue.From the point of legislation and judicial practice, the second chapter analyzes the conclusion that in our country senior executives belong to the labor group. Secondly, recognize senior executives’ laborer identity and emphasize the special nature of the labor relationship compared with other ordinary laborers.This leads to the rethinking of the legal status of senior executives. The relationship between senior executives and the company should belong to mandate relation in the civil law.The third chapter expounds the difficulties in the application of labor laws of senior executives because of their unclear legal position, including contract related problems, labor union issues, working hours and overtime pay issues. It is mainly source in the Company law and labor laws’ different value selection and the lagging definition of workers’ identity.On the basis of the above discussion, from the legislative situation of our country and the relevant legislative experience of other countries and regions, the forth chapter puts forward the effective method to regulate this relationship legally.Thus, the author finishes this paper.