Research On The Legal Application Of Employment Relations Of Senior Managers In Chinese Companies

The senior management of the company is the worker who accepts the appointment and management of the board of directors,and the manager who manages the company and employs the ordinary labor force,which has the attributes of both employee and employer.In recent years,labor disputes between company executives and companies have increased year by year.The labor law of our country is established in the early stage of marketization of economic system under the background of "labor and capital antagonism ",which aims to protect the legitimate rights and interests of the vulnerable ordinary workers with great difficulty in safeguarding their rights,but it does not distinguish the senior managers and ordinary workers of the branch in the scope of protection.Chapter one,starting with the definition of company executives,the laws of our country and the specific provisions of foreign laws,analyzes the loopholes in the definition of the scope of company executives: The Company Law stipulates that company executives refer to the managers,deputy managers,financial leaders,the secretary of the board of directors of listed companies and other personnel stipulated in the articles of association.The Administrative Measures on the Qualifications of Senior Executives of Financial Institutions stipulate that senior executives of financial institutions include the legal representatives of financial institutions and those who have decision-making power over management or play an important role in risk control.The progressive regulation of the law of our country brings the directors and supervisors of financial companies into the definition category of senior executives,which leads to the questioning of the senior executives' identity of directors and supervisors of non-financial companies.From the essential attribute aspect,the executive belongs to the laborer,but has the laborer and the leader dual attribute,in the identity,the status and the economic attribute place the superiority position,if does not divide the difference to regard the company executive as the laborer,and applies the labor law comprehensive protection,will cause the laborer group to be treated unfairly the contradiction.This is to uncover the plight of the employment relationship between executives and companies.The second chapter deeply analyzes the actual predicament,deeply summarizes the present stage our company senior management personnel applies the labor law realistic predicament: on the one hand,there may be conflict between the lower law and the upper law;on the other hand,there is conflict between the lower law provisions of different regions.The concrete manifestation is in the senior management personnel labor dispute breach penalty,the overtime compensation,the company board of directors exercises the unilateral rescission right and the labor law to the laborer's dismissal safeguard conflict,the executive and the company contract non-compete clause setting and so on.For example,when it comes to the dismissal of senior executives,senior executives are subject to the double adjustment of the Company Law and the Labor Contract Law at the same time.The current company law of our country stipulates that the board of directors has the right to dismiss senior executives without reason.There exists the practical dilemma of applying labor law caused by the unclear position of workers in senior management.Chapter three explores the experience of our country from the development practice and judicial practice of the legal system.This paper takes the unique types of companies —— listed state-owned enterprises as an example,studies the evolution of executive compensation system,and explores the practical experience in the aspects of liquidated damages and dismissal conditions under the dual attributes of corporate executive status combined with specific cases.It is concluded that executives are not equivalent to ordinary workers applying the general regulation management of the company in full,and should be refined and supplemented based on the existing labor legal framework.The fourth chapter makes a summary study on the coordination of the applicable law of executive employment relations in our country.Based on the complexity of company size and executive classification under the rule of law in our country,senior managers of enterprises still have subordinate attributes in the sense of labor law,but they should typify workers,affirm their labor contract attributes,incorporate subject classification into labor legal framework through deep analysis of legal nature and enhancement of legislative technology.The purpose of this paper is to explore the scope of the senior managers of the company,to identify the workers and managers of the senior managers of the company,to determine the labor relations and employment relations,to study how to balance the interests of the company,senior managers and ordinary workers.At the same time to achieve substantive justice between different levels of workers.