Thinking On The Application Of The Company's Executive Labor Law

In recent years,our country's corporate enterprises have been fully developed,the number of corporate executives of this social group gradually increased.As a result,the number of labor disputes involving company executives has been on the rise,and the dilemmas that arise when company executives apply labor laws have become increasingly prominent.The reason for this is that our Labor Law legislation incorporates senior executives into the general workforce and provides them with undivided tilt protection.The identity of ordinary workers in a company's senior management does not match the identity of this group.A judgement should be made as to whether or not the company's senior management possesses the identity of the laborer based on the property-related criteria,and the relationship between the company and the company should be clarified.This article attempts to reposition the status of the company's executives as workers,and further proposes legal advice to adjust the company's senior management.This article consists of three parts,the introduction,the body and the conclusion.The body is divided into four parts.The first part starts with two cases of judicial practice,which leads to the predicament of the company's senior management when applying the labor law,and further analyzes the reasons that led to this dilemma.The second part mainly analyzes the company's senior management related basic theories,defines the scope of the company's senior management and the way of identification,analyzes the particularities of the company's senior management,and makes a distinction between the company's senior management and general manager and senior manager.Which laid the foundation for the following identification of senior executives.The third part of the overall assessment of the company's executive identity.First of all,I will introduce the ways of identifying the company's senior management identities outside of China and Taiwan,and summarize their general experience in dealing with this issue so as to draw lessons from it.Finally,on the basis of the property standards,the identity of the company's executives is analyzed and a conclusion is reached.The general manager does not have worker status.The composition of senior managers is complex and their identity should not be judged in a unified way.The identity should be determined in the individual casethrough the analysis of their attributes.The fourth part mainly advises on the company's senior management related legal adjustments.Appointment relationship between general manager and senior manager who does not have employee attribute and company.Senior manager with employee attributes as a strong worker,differentiated application of labor law,Including restrictions on joining trade unions,eliminating the application of dismissal protection,etc.The promotion of the general manager of the double contract rules apply to better protect the interests of the general manager and the enterprise.This article studies findings:First,as the concept of company law,the company's senior executives are not clear in their connotations and extensions.The legal provisions are lacking in this respect.This has led to difficulties in adjusting the company's senior management through labor laws.Secondly,judging the status of laborers,the judiciary generally follows the principle that the formal standards of labor contracts take precedence over the substantive standards of attributes.Such an ordering will result in some people who do not possess the characteristics of the subordination but who have labor contracts to be mistakenly identified as laborers.Third,the identification of the status of the executives of the companies outside the countries outside the subregion and China's Taiwan is relatively mature.Including the recognition of their employees' identity but discriminating on the application of certain laws,and completely deny the identification of their laborers to establish their appointment relationship with the company.We should learn from it.Based on this,this article suggests : First,define the scope of the company's senior management and the method of identification,and make a distinction between general manager and senior manager.Second,it should be used as a basis for determining whether the company's executives have the identity of workers,and explicitly consider the index system of property standards.Third,it should deny the identity of the general manager's laborer and confirm its appointment relationship with the company.For senior managers to analyze their attributes in the case.If it does not have a dependency,it denies its identity as a worker.If it has an attribute,it should be used as a strong laborer to distinguish between the application of labor law.Fourth,for the promotion of the general manager,apply the double contract rules to better safeguard the interests of both parties.