Study On The Application Of Labor Law To The Senior Managers Of The Company

At present,the company is mostly a separate business mode of ownership and management,and the role of senior managers in the daily operation of the company is more and more prominent.They are a special group between the company and ordinary workers.On the one hand,they accept the appointment and management of the board of directors as workers,on the other hand,they are ordinary workers who,as managers,employ and manage the company,At the same time has the dual identity attribute of the employer and the employee.Whether the senior management of the company applies the labor law of our country is controversial in the theory circle.At present,the field of labor law of our country throws the senior manager of the company as the laborer.The special attributes of this dual identity of senior managers,As a result,there are many problems in the application of labor law in practice.The author thinks that the main type of labor law should be limited to the senior managers in narrow sense when they have employee attributes.And within the narrow scope of senior managers,it is necessary to form special applicable rules for senior managers in labor law according to different specific conditions.The full text is divided into four parts:The first part defines the concept and scope of senior managers before launching specific analysis,and accurately locks the research object of this paper.The second part first defines the laborer status of the senior managers of the company and analyzes its particularity.This paper puts forward the main point by studying the experiences of different foreign countries about the identification of labors and different theories in the theoretical circle of our country,that is to say,we should distinguish the senior managers of companies and apply the labor law differently.The third part concretely analyzes the problems existing in the application of the labor law to the senior managers of the company,including the problem of the company senior managers joining the trade union,the application of the double wage clause,the application of the working hours benchmark and the overtime wage clause.And restore the application of labor relations and so on,and analyze the root of the above problems.In the 4th part,the author first analyzes the rationality of the differential application of the labor law to the senior managers of the company,then constructs the special rules for the application of the labor law rules to the senior managers of the company,and puts forward some suggestions to the judicial practice.In order to improve our labor system.