A Study On The Application Of Labor Law On Corporate Senior Managers

Over the past 40 years of reform and opening up,our party has led the people of all ethnic groups throughout the country to liberate and develop the social productive forces,and has taken a path of economic restructuring with Chinese characteristics.It has realized the great change from the planned economy system to the socialist market economy system with Chinese characteristics,and has brought about earth-shaking changes to our country's economy and society.With the reform and development of the market economy system in our country,the internal governance structure of the company is also undergoing tremendous changes.The labor relations between employers and workers are developing in the direction of modernization and diversification.The inner stratum of laborer group also becomes more and more complex.As the staff of the management of the company,the senior managers of the company are a special group of workers,which are different from the ordinary workers in the exercise of their powers and the performance of their duties.At present,there are many labor disputes between corporate senior managers and companies in China's labor dispute cases.The single labor law adjustment mode has been unable to cope with the new problems in judicial practice.It is an important task for the legislator to regulate the application of corporate senior managers to the labor law,to realize the prevention and relief of labor disputes in advance,and to alleviate the legal dilemma.Corporate senior managers are a special group of employees who are responsible for the management of daily economic business and organizational affairs.From the current legislation of our country,the labor law does not exclude corporate senior managers from the labor protection.In fact,it concedes its laborer status by acquiescence.On the one hand,corporate senior managers establish labor relations with the company and need to fulfill labor obligations.On the other hand,corporate senior managers exercise management authority on behalf of the company.At the same time,in the design of some systems,such as social insurance and irregular work system,legislators also show special consideration for some high-income workers,by limiting the degree of protection,thus avoiding the improper loss of the interests of the company.However,due to the particularity of corporate senior managers,the design of these systems does not address the special needs of corporate senior managers for labor law.Corporate senior managers still has unreasonable phenomena when applying labor regulations such as overtime pay and economic compensation.The value conflict between the Labor contract Law and the Company Law on the protection of dismissal also needs to be solved by legislation.Since corporate senior managers are not clearly defined in China's labor law,there is a great controversy in the theoretical circle about the identification of corporate senior managers.Scholars at home and abroad have positive and negative views on the laborer status of corporate senior managers.The scholars who hold the affirmation think that corporate senior managers have the essential attribute of the laborer,but they are different from the ordinary workers in some aspects,so the special rules of labor law should be applied to protect them to different degrees.The scholars who hold the negative view hold that corporate senior managers have the attributes of the employer and exercise the authority of the employer,which should exclude the application of the labor law.This paper holds that corporate senior managers should have the status of laborer,but at the same time,it is different from ordinary labors.Therefore,perfecting the concept of labor legislation and innovating labor law rules are an important task in front of us.We need to establish a set of targeted labor law regulation system so as to realize the reasonable application of corporate senior managers to the labor law.First of all,China should adopt the concept of stratification protection legislation,establish the standards of internal stratification of workers,and adjust the differences within the laborer groups.Secondly,we should coordinate the conflict between the Labor contract Law and the Company Law concerning the rules of dismissal of corporate senior managers,and divide the validity boundary of the two laws.Finally,this paper suggests that our country establish special rules of labor law for corporate senior managers.Corporate senior managers are a kind of typical special labors under the adjustment of labor law,which should arouse the attention of legislators and establish a set of regulations including the exclusion of corporate senior managers from the application of overtime pay provisions.The system of labor laws and regulations,including restricting the unilateral dissolution of labor relations of corporate senior managers,perfecting the clauses of liquidated damages in labor contracts and restricting the special rules such as the participation rights of trade unions of corporate senior managers,etc.