Explore The Relationship Between The Company And The Manager Legal

The labor disputes between the employor and its manager or senior management personel are increasing.Shall this type of disputes be regulated by Labor Law or Company Law? This disertation, on the basis of observation and thinking about the practice and theoretical circumstance, analyses manager's dual orientation under the Company Law and Labor Law and judicial practice tendency arising from different legislation spirit of Company Law and Labor Law, and does some research on how to regulate the relationship between the company and its manager.The structure and content of this disertation is arranged as follows:Chapter 1. Dual orientation of the manager under the Company Law and the Labor Law. Part one, the legal definition, position orientation and authorization relationship under the Company Law. Part two, Orientation of the Manager under the Labor Law; comparing Chinese legislation with extraterritorial legislation and drawing a conclusion that it should be labor law relationship between the company and its manager. Part three, differenciate the two relationships under the Company Law and Labor Law respectively.Chapter 2. The current legal status of the Manager in China. Part one, due to economic system and historic tradition, the Manager status is combined with both authorization relationship and labor relationship. Part two, introduce the judicial status in quo and the theory of the judicial intervention by the example of golden parachute system and damage compensation system. Part three, analyse different reasons of the judicial intervention.Chapter 3. The adjustment of the Manager's legal status in China. Part one, affirm the authorization relationship between the company and its manager on the basis of the essence of the labor law relationship and the charactors of the manager. Part two, the perfection of legal system. In the legislative level, adjust Labor Law to confirm that the manager shall be taken as employer and the relationship between the company and its manager shall be regulated by the Civil Law (Contract Law) other than Labor Law; in the judicial interpretation level, the relationship between the both can be adjusted back to reasonable state by means of judicial interpretation in case of absence of statutory provisions; In sphere of judicial intervention, the interest can be balanced by the theory of specific performance in cases.