An Empirical Study On Labor Law Application Of Senior Executives

At present,the object of tilt protection in the Labor Law of China has not distinguished between senior management and ordinary employees.With the rapid development of national economy,the separation between ownership and right of management has become a mark of modern company.As a matter of fact,the right of company management is mostly put in the hands of senior management.From the perspective of maintaining the stable development of social economy and improving the employment structure in China,it has become an urgent task to conduct legal regulation over the group.But in most cases,the recruitment and appointment of senior management are decided by the board of directors in accordance with the company law due to their special identity.Hence,the recruitment and dismissal of senior management are different from ordinary employees.Senior management have held the position and right at the middle or senior level in the company,which means that they will have an important influence on the recruitment and dismissal of ordinary employees.Employed by the company,the senior management should be also held accountable for it.In other words,the senior management belongs to the labor class,as noted by many scholars.In view of their special identity,it is quite necessary to adjust the application of labor law to senior management accordingly.Firstly,compared with many other countries,the department of labor law in China has not yet excluded the senior management from the adjustment to labor law.Secondly,the labor law in China has neither distinguished between senior management and ordinary employees nor adjusted the relevant system.It has led to a series of problems in the theories and judicial practice.First of all,this paper begins with the controversial case of labor dispute between Shanghai Jahwa and Wang Zhuo so as to reveal the problem regarding the application of labor law to senior management.Secondly,by collecting,classifying,arranging and analyzing the judicial adjudicative documents,this paper has identified some major typical problems existing in the application of labor law to senior management,including the failure to sign the contract of labor,the application of double pay,the application of overtime pay as well as the continued fulfillment of labor contract.Therefore,the difficulties in the judicial practice regarding the application of labor law to senior management have been summarized.Secondly,after summarizing the concept of senior management from the definitions of senior management in theory and practice both at home and abroad,this paper has defined the senior management accordingly.The relationship between senior management and employer has been also discussed.Lastly,based on the achievements of theoretical researches and current status of judicial practice,this paper has pointed out that senior management also belongs to the labor class.There is a relationship of labor between senior management and employer.Therefore,senior management should not be excluded from the adjustment to labor law.Based on the research above,this paper has offered some new measures to adjust the labor law for senior management in China and formed the mode of classified protection for the laborer.