Study On The Applicability Of Labor Law On Senior Executives

The senior executive of the company is the product of the promotion of the industrial revolution and the continuous development of the modern company system.Different from common laborers,the senior executives have the dual attributes of“employer” and “employee”.On the one hand,the senior executives represent the company to exercise command and management,and the workers obey their supervision and obey their command;On the other hand,relative to the company,the senior executives are only employees who the company hires and follows the company's arrangements.In fact,compared with general workers,the senior executives have obvious advantages in many aspects such as social identity and rights protection.The purpose of labor legislation is to protect the weak,and the current labor laws are equally protected without distinction,resulting in a situation of substantial injustice.In order to resolve this issue more scientifically,we shall define the scope of the senior executives.Domestic legislation does not have universal applicability to its definition of scope,Foreign legislation incorporates the senior executives personnel into the scope of the employer,which imposes stricter restrictions on the seniorexecutives' identity.This paper defines the scope of the senior executives as: Those managers above middle-level who can independently implement decision-making,have the right to the appointment and removal of personnel,and are responsible for the management of the company's chief financial or technical personnel in the company.In addition to supervisors and non-executive directors.At home and abroad,the position of the senior executives personnel in labor law makes it easier to identify the nature of their identity.The Anglo-American law system determines the position of the senior executives on the labor laws mainly through jurisprudence with far-reaching influence.The civil law system often determines the status of the senior executives by defining the attributes of employers and employees.Learning from the “labor stratification” theory,the senior executives are divide into two parts,with extremely strong control like actual controller of the company and with stronger control than common laborers.The former excludes the application of labor law,the latter excludes some specific regulations of labor law.Through the analysis of the labor dispute cases involving the senior executives in the last ten years of the Chinese referee's document network and the Pkulaw.com,the dispute between the two times the wage differential dispute and the overtime wage without the written labor contract and the dispute in the unpaid annual salary.In addition,in view of the application of labor law to other executives of company in reality,this paper also gives a detailed description,and analyzes the difficulties that the senior executives apply to labor law from a theoretical point of view.Finally,this paper applies the labor law to executives from three aspects: the labor standard system,the labor contract system and the collective relationship system.It was determined that the senior executives of the company would be excluded from the application of the labor law specifications such as the double wage system,the overtime wage system,the unilateral dismissal system,the trade union system,and the scope of application of the penalty for breach of contract.