Empirical Study On The Application Of Labor Law To Senior Managers

How to apply the labor law to senior managers has long been a difficult problem for judicial judges,a traditional issue in the field of labor law research,and even become a target of public criticism in the debate of law amendment.Current laws and regulations and judicial decisions have not completely excluded the application of labor law to senior managers.Through literature review,it is found that the existing research focuses on the construction of layered protection system for workers,and pays insufficient attention to judicial decisions.Therefore,statistical analysis of relevant judicial documents,exploring the reasons for the differentiation of judgements,and using the method of legal doctrine to explain the current norms,put forward suggestions for improvement,in order to help the establishment of harmonious labor relations.As for the application of labor law to senior managers,judicial decisions vary from place to place.First,the identification criteria of senior managers are vague,such as unclear normative basis and inconsistent consideration criteria.Secondly,senior managers' identities have different effects on referees.The status of senior managers directly affects the judges' recognition of facts and the distribution of interests,the application procedures and conditions of the labor system,and leads to the divergence of the value of judgments.The reasons for the differentiation of referees can be summed up in the following three points.First,the disadvantaged position of senior managers is not obvious.The characteristics of senior managers in real life are so diverse that they can not rely on a certain factor to measure and identify.Secondly,labor law and commercial law are in conflict with each other in terms of normative content and legislative value.Labor law inclines to allocate more obligations to units and give workers more rights.Commercial law emphasizes the governance and restriction of senior managers.Thirdly,the passive judgment under the extensive legislative mode.The negative attitude of judges to the identification of senior managers is reflected in the simple reasoning of the normative basis and the consideration factors,or even the non-reasoning.Return to the current norms and explore the applicable rules from the perspective of legal doctrine.First,from concept to type.Senior managers must be identified on the basis of a variety of factors,and pay attention to the empirical elements of senior managers according to their life experience and social reality.At the same time,each constituent element alsoappears in a state of different intensity.Second,from identity to behavior.We should turn to the behavior of senior managers and analyze and rectify the relationship of interests from the micro level.Finally,the solution of legislation and justice is put forward.Firstly,we should promote the elaboration of legislation and formulate special immunity rules.When meeting specific conditions,senior managers are exempted from the written labor contract system.For senior managers who are paid high salaries and whose nature of work cannot be measured by standard working hours,the system of overtime compensation should be exempted,even if they have not gone through the examination and approval formalities of the irregular working system.For the senior managers who should be appointed or dismissed by the board of directors,the unit may terminate the labor relationship directly with them,and is not subject to the restrictions of the Labor Contract Law.Secondly,we should strengthen judicial initiative and adjust judgments for individual cases.Grasp the comprehensive identification criteria,that is,authority-based,salary,position,attendance and other supplementary.Adhering to the concept of substantive fairness and respecting corporate governance.