The Research On The Employee Identity Of Corporate Senior Managers

The matter of the employee identity of corporate senior managers is quite controversial in academic and legal practice.Two aspects cause this matter: laws and history.Under the current legal framework,attempts should be made to clarify the subordinate criterion which is the base to examine the employee identity of company senior managers.From the current theory and practice of subordinate criterion,it should be understood as “subordinate of personality” and “subordinate of economic”.The standard of “subordinate of personality” consist of two elements: conduct and discipline.The standard of “subordinate of economic” consist of three elements: conduct,consideration and risk.Before the test of subordinate criterion,corporate senior managers should be classified.The general manager appointed under Article 49 of the Company Law should not be consider as an employee.For other senior managers,it should be based on the strength of the subordinate to determine whether it can be identified as an employee.