Study On The Applicability Of Labor Law On Company's Senior Executives

At the end of the 1980 s,with the deepening of reform and opening up and rapid economic growth,the company executives and the market economy appeared together,and the development of the company executives showed the trend of rapidity and specialization.Due to their special identity and status in the company,the vertical differences between the company executives and general staffs have continued to widen,causing a sensation in public opinion,especially the theoretical attacks on the laborers' identity of the company executives.In the current judicial practice,there is a dispute over whether there is a labor relationship between the company executives and the company.And the academic circles also have the view that the company executives and the company sign an entrustment contract rather than a labor contract.At the same time,it is proposed that there is no dispute between the company executives and the company whether the labor contract is legal,and whether the company executives can claim overtime pay or double wages and other disputes under the premise of no labor contract.In the face of these controversies,the current laws of our country have not yet been clearly stipulated.China's current labor law,company law and relevant laws define the identity attribute of the company's executives as the general laborers,and apply the labor law equally with the ordinary employees.Such indiscriminate application of the labor law leads to the phenomenon of extreme injustice in practice,which is contrary to the legislative purpose.Some scholars have suggested excluding company executives from Labor laws,but this is also obviously unfair.Compared with ordinary employees,company executives have more special status and a stronger position in the company.However,compared with the company,it and the general staff are part of the company.If the labor law is completely excluded from the application of company executives,company executives cannot rely on their own strength to protect their legitimate rights and interests in many cases.Defining the particularity of company executives,detailing the status and identity attributes of company executives in the company,and the application of the labor law on the difference of company executives have an important influence on the stable development of society and the company.By clarifying the main scope of the company executives and defining the laborers ' status of the company executives,the disputes and problems existing in the application of labor law to company executives can be solved.China's current legislation limits company executives to senior employees responsible for the management and operation of the company,which are special workers;while extraterritorial legislation makes a strict distinction and definition of the scope of company executives,excluding executives above the middle level of the company from the category of laborer status.The labor legislation of common law countries use the case law as an important basis to define the identity of laborers,while the civil law system mainly takes the “subordinative” characteristics of laborers to define whether the company executives have the traditional laborer status.After a comparative study,it has a clear definition of the company's executives in this article,excluding the grassroots executives who are mainly responsible for the implementation work.At present,there are many typical cases in China,such as disputes over dismissal and resumption of labor relations,and demanding double wages because no contract has been signed.It introduces and theoretically analyzes the problems existing in the application of the labor law of company executives,cites a layered legislative framework for laborer and points out the specific path of the application of the labor law for company executives,such as establishing the principles of the application of labor law in the company's high administrative areas,limiting the application of overtime wages and the right of association,and improving the special rules for the dismissal of company executives.