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Analysis Of The Dilemma And Countermeasures Of Enterprise Executives In Applying Labor Laws And Regulations

Posted on:2019-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShuFull Text:PDF
GTID:2436330572958367Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China's current Labor Law and Labor Contract Law aim at safeguarding the legitimate rights and interests of workers and creating a harmonious and stable labor relationship,and adopt a relatively inclined way to protect the rights and interests of workers,which is conducive to regulating the imbalance between the strength of the main body of labor relations.At present,there are some deficiencies in our labor laws and regulations in defining the subject of labor relations and the connotation of workers.With the continuous development of social economy,there are different strata within the workers,and the strength of each stratum is also different.With the dual attributes of the particularity of the managers and the identity of the managers,the executives of enterprises have a natural strength compared with the ordinary workers.However,China's labor laws and regulations do not pay enough attention to the particularity and strength of enterprise executives.As ordinary workers,enterprise executives are indiscriminately applied to the labor law,resulting in many unfair phenomena.Therefore,this paper makes an analysis of the difficulties in the application of the labor laws and regulations of enterprise executives,and puts forward some countermeasures.Firstly,this paper elaborates the background significance and current research situation of this topic.Secondly,it defines the top managers of enterprises,analyses their special attributes,briefly introduces the standard of defining labor relations in our country's law,and compares labor relations with relevant legal relations to locate the legal relationship between the company and the top managers of enterprises.Department.Thirdly,it analyses the plight of the application of the labor laws and regulations of enterprise executives.Finally,aiming at the plight of the application,it puts forward the idea of establishing the legislation of "layering workers",restricting the participation of enterprise executives in trade unions,perfecting the special rules of liquidated damages clause,excluding the application of overtime wages and restricting the right of unilateral termination of executives.Solutions to laws and regulations.It is hoped that the research and discussion in this paper can provide some reference for solving the problem of applying labor laws and regulations to enterprise executives.
Keywords/Search Tags:enterprise executives, labor laws and regulations, application dilemma, Countermeasures
PDF Full Text Request
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