Dilemma And Countermeasure Of Senior Managers Apply To Labor Law

There is no clear definition of senior managers in China's labor law,which leads to some problems in the process of applying the labor law to senior managers.Among them,the main problems are the definition of senior managers and the differences in the application of specific systems in labor law.In the face of these problems,scholars and judicial practice have put forward solutions,but the definition of senior managers is too one-sided or general.Based on the existing problems in judicial practice,this paper analyses the definition and specific system of senior managers,and explores ways to improve the problems.In this article,"senior managers" are mainly "senior managers in a narrow sense",that is,senior managers stipulated in Article 216 of the Company Law.In this paper,300 cases are selected to summarize the main demands and judgments of the cases,with the senior managers stipulated in the Company Law and the senior managers recognized by the court as the main body.This paper analyses the problems existing in judicial practice,such as the criteria for the identification of senior managers,the legal relationship between senior managers and companies,the double wages of non-signed labor contracts,the application of overtime wages and the dismissal of employees,and combs the theories of "hierarchical protection" and "inclined protection" of workers from the perspectives of history and legislation.At the same time,it summarizes the relevant local laws and regulations on double wages and overtime wages of non-signed labor contracts.It also introduces Singapore,Germany and the United States as well as Taiwan region of China by referring to the definition of "senior managers" and the applicable laws and regulations of foreign countries.Finally,the definition of senior managers is mainly determined by employing procedures,salary standards and job standards.In terms of the application of specific system: for the purpose of legislation,the double wage claim without a written labor contract meets certain conditions to exclude the application;for the application of overtime wage,the senior managers who apply overtime wage and do not apply overtime wage are separated by setting a certain amount of wage as the threshold;and for the "no cause dismissal" and senior managers who do not apply overtime wage in conjunction with the company law to exclude the application of overtime wage.For reasons such as "employment" basis,when the "employment" basis is lost,the labor contract should be terminated at the same time as the employment contract.Senior managers can negotiate with the company to obtain economic compensation.