Research On The Application Of Labor Law Of Company Executives

In recent years,the market economy has developed at a high speed,and the degree of social division of labor has gradually increased.However,the contradiction between labor and management is still severe and has not been effectively alleviated or eliminated.Therefore,China’s relevant labor laws and regulations are gradually exploring and working hard to expand The depth and breadth of labor protection,expand the coverage of protection,deepen the degree of protection,and exhibit full coverage and depth.However,the existing labor law norms apply to all workers in the labor relationship without distinction,ignoring the huge differences inherent among the majority of workers.In the above-mentioned realistic situation,the senior management personnel and ordinary laborers within the company will have many unfair phenomena when applying the labor law in judicial practice.Therefore,this article will use the strong laborer group of company executives as The Center,the arguments surrounding how it applies to the labor law,are divided into the following four parts:The first part defines the concept of company executives.According to the current legal provisions of the labor law,and the characteristics of the duties and responsibilities of the executives in the daily practice,the theory and practice are combined,and the company executives are creatively summarized from the perspectives of connotation and extension.A concept that makes the concept three-dimensional,has created favorable conditions for the next step of the article and laid a solid foundation.At the same time,after a detailed description of the concept,this paper also considers the huge differences between the company executives and ordinary laborers within the labor system,and provides a realistic basis for the latter executives to restrict the application of labor laws.The second part introduces the two major legal systems adopt different identification standards when defining the identity of laborers,and makes a simple comparison and evaluation of the two standards,analyzes the advantages and disadvantages,in order to improve the "subordinate" standard for the identification of laborers in China.After affirming the employer status of the company’s senior executives,they also proposed special regulations for executives in various countries.The third part firstly introduces the main point of this paper,which restricts the application of labor law by company executives,and clearly locates the employee status of company executives,and puts forward specific and clear rational suggestions for the application of labor law restrictions.Secondly,in view of the lag and defects of the existing labor law,the author puts forward the theoretical concept of “stratification of laborers”,and internally stratifies the laborers,differentiates and applies them,and protects them with different degrees and strengths.Social justice.Finally,coordinate the mechanism of action between labor law and company law representing different legal interests to avoid gaps and overlaps in legal supervision.