Research On The Legal Application Of The Company's Dismissal Of Senior Managers

At present,the legal relationship between senior management and company in our country is adjusted by the company law and labor law.Company law respects private rights,but labor law pursues fairness and justice.These two laws make conflicting provisions from different angles.This leads directly to the differences in the application of the law when a labor dispute arises.One result is the direct termination of employment contracts under the autonomy of the company,and the other is the termination of labor relations in accordance with the provisions of the labor law.Senior management personnel exercise the authority of the company management who are regarded as the representative of the interests of employers.Most of them have a high economic status and professional ability.They have command orders for other ordinary employees.And our current labor law does not distinguish them from other ordinary employees,which is contrary to the basic value orientation of labor law.Many foreign countries and regions have made it clear that the senior management of the company are excluded from the scope of the laborers and identified them as employers.Some scholars in China have a lot of opinions about the employee status of the senior management of the company.In recent years,as the flow of talent continues to increase,the number of labor dispute cases on senior management also increases frequently.In order to fundamentally solve such problems,our country should directly include senior managers in the scope of employers in future legislation.This change in legislation will allow senior managers to be adjusted by the company law,and then exclude the choice of labor law.As a result,the legal relationship between senior management and the company will have two changes in the application of the law: on the one hand,senior management as the employer no longer enjoy the rights of workers;the other hand,senior management must bear employer 's liability and obligation under the law.Therefore,it is of great practical significance to study the identity of senior management and to clarify the qualifications of the main body of labor relations.The results of this research will help us to solve legal problems that may be encountered when the company relinquishes senior management.This paper first analyzes the scope and responsibilities of senior management,and then analyzes the legal issues that may be encountered in the occurrence of labor disputes by senior managers.And then the writer elaborates on the inadequacies of labor law when it is used to solve the relationship between the company and the dismissal of employees.Finally,the application of the law is discussed when the company dismiss senior management.