Research On The Application Of Labor Law To Company Executive

Since the reform and opening up,with the continuous improvement of the company’s internal governance system,the connotation of senior management personnel(hereinafter referred to as company executives)with company management responsibilities has also been constantly enriched.The current labor law in China indiscriminately applies the same biased protection rules to company executives and ordinary workers,ignoring the differences between the two,resulting in confusion in the legal application of labor disputes between company executives in judicial practice.Some scholars advocate excluding the application of labor laws to company executives,but this "one size fits all" approach is not entirely reasonable.What is the relationship between the company and its executives,and how should the company’s executives apply labor laws,are currently urgent issues that need to be addressed.This article analyzes three classic cases of labor disputes among executives in domestic companies,and summarizes three focus points of controversy,namely the determination of labor relations between companies and executives,the application of law and rights remedies when company executives are dismissed,and the application of biased protection clauses in labor laws for company executives.It also conducts a legal analysis of each of the above focus points of controversy.The issue of whether a labor relationship is established between a company and its executives should be comprehensively recognized through a combination of form and substance,based on whether a labor contract is signed and whether the executives have subordinate attributes to the company.In addition,the adjustment objects and scope of the Labor Contract Law and the Company Law should be clarified,and the applicable boundaries of the two laws should be clarified.The termination of an executive’s position by a company does not mean the termination of the labor relationship between the company and the executive.A company executive whose labor contract has been illegally terminated may request the restoration of their labor relationship with the company to the people’s court,but cannot request the restoration of their executive’s position.Due to the dual identity attributes of both workers and employers,company executives have a stronger status and uniqueness than ordinary workers,but there are also differences in their identities within them.Therefore,it is unreasonable to completely apply or completely exclude the application of the labor law to company executives.The internal classification of company executives into senior managers,middle management and bottom managers should be based on the size of their authority,company status,salary levels and other standards,in order to achieve the legislative purpose of hierarchical application of the labor law: exclude the protection of senior managers;Limiting the protection of some provisions for middle management personnel;Implement preferential protection for bottom management personnel as ordinary workers,in order to more effectively ensure the realization of substantive fairness in labor law.