The Question Of Employment Law Applied By The Company's Senior Executives

The labor contract dispute between the company and the company's executives has been in dispute since the labor dispute between wang and Shanghai in 2014.Labor disputes occur from company to company executives,or more practice cases still judgments and orders according to labor law,the current labor law still company executives as a laborer,applicable labor law to protect its tilt.Through the analysis and research of Shanghai jahwa and wang zhuo labor dispute,it is found that if the company executives continue to apply the labor law,it will inevitably cause great problems in judicial practice.Therefore,whether the company executives should continue to apply the labor law has generated a lot of controversy in the theoretical field.Company executives because of their economic,social status,the real right has been far beyond the law of the rights granted,company executives continue to applicable labor law,as workers under the protection of the labor law of the tilt,the rights of the company executives has been greatly enhanced,which is unfair to the company,company executives continue to apply is irrational labor law.Because company executives applicable labor law,and at the same time has entrusted relations and labor relations,there is a dual legal relationship that company executives cause applicable law of conflict,the decision of the board of directors of the company cannot according to remove labor contract with the company's executives,leading to cause the principle of autonomy of the company was badly damaged,make limited company's board of directors discharge in reality,which is unfavorable for the protection of the company.Therefore,the company's executives should not continue to work as laborers,and judge whether a legal subject belongs to the laborer,and the attribute relationship is the core element.Property legal relationship is a key element to judge of unit of choose and employ persons and laborer,for the dependency relationship between the legal concept,the mainstream view should be from the current academic circles the perspective of personal property and economic property,and analyzing the characteristic of the personal property and economic property standards,combined with the characteristics of corporate executives,and demonstrate the company executives have personal property and economic property.Company executives is the enterprise's actual control of people and pay structure diversification,so that they don't have the personal property and economic property,and based on the provisions of company law company executives are appointed by the board of directors,the two sides based and appointed relationship based on trust,company executives through the authorization of the board of directors,as a representative of company management,company executives and the company's interests are the same,had decided the company executives have "attributes" employers.If the company's executives do not belong to the workers,how should the labor relationship between the company's executives and the company be determined? From outside of the law and the traditional civil law theory,between company executives and the company conforms to the requirement of "commission contract",as a result,based on the relationship between company and company executives appointed that can be solved well in recent years,the company and the company executives dispute of labor dispute,not only can better solve the dilemma brought by the executives applicable labor law,but also can better safeguard the interests of the company,to conclude that executives should rule out applicable labor law,the company and the legal relationship between company executives as appointed relationship like extraterritorial legislation.This can completely solve the dilemma caused by the application of labor law by the company's executives.