Research On The Application Of The Labor Law To Corporate Senior Management

The words of "senior executives" are mentioned in China's Labor Law,but with no definition stipulated.Senior executives are defined in the Company Law,but the Company Law and Labor Law belong to two different branches of law,and has different understanding and definition of the same concept.The lack of definition of senior executives in the Labor Law has led to misplacement and confusion between senior executives and ordinary employees.The legislative intent of the Labor law is to protect laborers,including corporate executives.The non-differentiated application of Labor Law on senior executives and ordinary employees has cause many distortions in real life.This paper attempts to define the scope of senior executives more clearly,and raise specific suggestions for the application of Labor Law on senior executives in juridical practice,based on the existing legal norms and foreign legislation.Apart from the Introduction and Conclusion,this paper can be divided into three parts:The first part combines the legislation of China and abroad to recognize the characteristics of senior executives,and to define it based on such.Senior executives are senior managers of a company that are decided by the board of directors and enjoy the power of decision-making,appointment and dismissal of employees and etc,are employees with a special status.Based on judicial practice,this paper further raises the difficulties of the application of the Labor Law in effect on senior executives,which include,the huge economic compensation to be paid when terminating non-fixed-term labor contract with senior executives,the claim of double wages by senior executives when they deliberately not conclude labor contract with companies,huge losses incurred by companies when senior executives unilaterally terminate the labor contract,extra overtime pay obtained by senior executives taking advantage of their positions,the same limitation of liquidated damages as ordinary employees which caused losses to companies.The second part expounds the necessity of differentiated application of labor law on senior executives and its model construction,including the existing defective legal provisions and the analysis of feasibility,the study of foreign legislation on differentiated application of labor law on senior executives,and the differentiated protection of senior executives from ordinary employees.The third part puts forward specific suggestions for the differentiated application of labor law on senior executives,including the formulation of labor contract provisions directed at senior executives,limitation of the application of the law in respect to double wage compensation for not concluding written labor contracts,limitation of rights to unilaterally terminate the labor contract,limitation of the application of the law in respect to overtime pay on senior executives,the adjustment of the application of the law in respect to liquidated damages on senior executives,and etc.