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

In recent years,labor disputes between executives and enterprises have been on the rise,causing widespread concern in the social and academic circles.The current law of our country does not exclude the company executives out of the labourer category.In the judicial practice,the labor law is equally applicable to the ordinary labourers,and many unfair phenomena have been produced.Labourers are a broad group.There are different levels of division within this group,and each level has its own characteristics.A company executive has a special identity and two attributes of employees and employers.On the one hand,the executives of the company are employed by the board of directors to manage the daily affairs of the company and have the characteristics of employee subordination.On the other hand,the company also entrusts the power of senior executives to employ and manage ordinary laborers.It is precisely because of the special attributes of company executives that they face many difficulties in practice.Labor law lawmakers in China have noticed these problems,and have made special regulations for executives in terms of economic compensation standards and competition restrictions.But these are only "fine-tuning" of the existing laws,and can not fundamentally solve the plight in practice.This article focuses on the main body of corporate executives and studies the application of labor law.The full text is divided into four parts.The first part is the definition,characteristic analysis and the positioning of the company executives in the current labor law.After consulting a large number ofdocuments,we find that the concept of corporate executives is not thoroughly analyzed in China,whether it is a legislative document or an expert and scholar.On the basis of the current legal provisions and domestic scholars' views,the author makes its own definition of the concept of corporate executives.Then it expounds the different characteristics of the labor law company in four aspects,and also introduces the regulation of the current labor law company executives,and paves the way for the analysis of the difficulties that appear in the process of applying the labor law.The second part,starting from a typical case,reveals that there is a great difficulty in applying the labor law to executives at the practical level through the analysis of the cases.From the three aspects of the application of labor contract law,the application of collective contract law and the application of the labor standard law,the author analyses the problems that appear or may appear in the process of applying the labor law of the company executives,and analyses the reasons for the difficulties,and paves the way for the following solutions.The third part is the essence of this article.First,the author expounds the different understanding of the legal status of the executives in our country,and draws a conclusion that the understanding of the property of the executives is gradually deepened in our country,and the classification regulation of the executives is gradually becoming the mainstream view of the academic circles.The author also introduces the experience of labor relations regulation in foreign countries.On this basis,the author makes classified positioning of the company executives,making up for the blank of the study in this field and laying the foundation for the classification of corporate executives.The fourth part of the previous second parts of the company introduced the application of labor law in the process of various problems,I put forward specific specific rules,in order to contribute to the solution of the problem.