The Study Of The Issue Of Labor Laws And Regulations Applicable To The Company’s Senior Management Personnel

On January 1,2008, The Chinese government began to implement the《labor contract law of the People’s Republic of China》.The number of labor dispute cases involving senior management is on the rise.Company senior management compared with the ordinary workers have the particularity of identity.When the labor dispute with the company, senior managers of the company’s impact is far more than ordinary workers of the company.In our country, laborer is a broad concept.According to the different characteristics of laborer, laborer is divided into different groups.The company senior management personnel have special functions.This makes it both the employers and workers, and playing a "referee" and "athletes".Thus into the special group in the "workers"."Labor law" and "Labor contract law" take the same standard and equal protection.This adjustment model seems fair.But because of the particularity of not considering the company senior management personnel, it is easy to cause a new injustice.In this paper, we’ll discuss questions about the issue of senior management personnel of labor laws and regulations, with the status of company’s senior management personnel as the main line.The first part is about the origin of the thesis research in this paper.By analyzing the case of two, we’ll study that because of there is no distinguish between senior management personnel in our country and common laborers, the situation of judicial practice is very chaotic.The second part is about the company’s senior management scope is defined.Concept of our country labor law for senior management has not been defined.On the basis of foreign legislation and domestic scholars point of view.Define the concept of senior management personnel.The third part is to analyze the feasibility of differentiation.First of all, this article lists the three different points of view in the academic circles.Come to the conclusion which is that the differentiation is suitable for the labor law, after the comprehensive analysis.Secondly, to analyse the legitimacy of labor law from two aspects.In the end, to analyse the positioning problem.The fourth part expounds the differentiation for the company senior management idea of our country labor law.According to senior management problem and taking into account the reality of our country’s national condition, I will carry out a comprehensive description.