Research On The Application Of Labor Law To Senior Managers Of Companies

At present,the company’s senior managers are regarded as the object protected by China’s labor law and apply the labor law as ordinary workers.This indiscriminate application of labor law that ignores the particularity of the identity of senior executives will inevitably lead to the dislocation of labor law protection.As a result,there are many unreasonable phenomena,such as the company’s senior executives advocate overtime pay,ask for twice the salary without signing the labor contract,high economic compensation for resignation,etc.The above situation often occurs in the current judicial practice,but China’s labor law and labor contract law do not make clear provisions on it.The excessive protection of the company’s senior managers by the labor law is obviously not in line with the original intention of China’s labor law legislation.Compared with ordinary workers,company executives have certain advantages in company management and operation.Based on this,workers must be stratified.At the same time,the senior management of the company shall be internally stratified and the labor law shall apply.This paper studies the application of labor law to company executives,which is divided into four chapters: the first chapter compares the definition of the scope of senior managers in China and foreign legislation,summarizes and defines the scope of company executives,explains the characteristics of company executives compared with ordinary workers,and the regulation of the current labor law in China.The second chapter clarifies the subject identity of company executives in labor law by exploring the different views of Chinese labor law scholars on the subject identity of company executives and workers,as well as the legal provisions on the subject identity of company executives and workers in civil law countries and common law countries.Chapter III research executives currently apply labor law dilemmas and causes.Starting from the representative problems arising from the application of labor laws by company executives,we will analyze the causes of the application dilemma one by one.Chapter IV refers to proposals for legislative adjustments to the application of labor laws to corporate executives,as well as proposals for the establishment of special rules for the application of labor laws for groups such as executives.By revealing the shortcomings of the theory of opposition between labor and capital,it is suggested that the labor legislation should introduce the theory of layered protection of workers,layered the labor group with a certain standard,and classified the senior managers with the method of layered workers.Then learn from the legal rules of civil law countries and common law countries,and construct the special rules for the application of "double salary",economic compensation and other labor law provisions to the company executives in China.