| Because China’s labor law adopts tilted protection legislative model based on the vulnerable position of labors,the current labor law takes a relatively lenient attitude toward the identification of labors.In other words,all employees within an enterprise can be regarded as having the status of labors and the labor law is equally applicable.However,due to the fact that executives of enterprises often have strong capitalist attributes and have the right to make independent decisions on the operation and development of the enterprises,as well as strong professionalism and ability to defend their rights,they are not always in a disadvantaged position in the cases of labor relations disputes with their enterprises.Judicial practice shows that it is against the principle of substantive justice to apply labor law to all executives of enterprises with special status.In recent years,with the further deepening of China’s market economy,the number of disputes involving labor disputes of corporate executives has soared,which is highlighted by the lack of uniform jurisprudential basis and adjudication standards,resulting in the widespread adoption of the identification model of "no classification,overall application".The phenomenon of "negative adjudication" and "different judgments in the same case" is frequent.This not only seriously undermines judicial credibility,but also is not conducive to the establishment of harmonious labor relations within enterprises.In order to improve the current deficiencies and status quo of the misplaced application of labor law to corporate executives in China,this paper argues that the special characteristics of corporate executives’ status should be used as the main basis for distinguishing them from general labors.Therefore,on the basis of theoretical analysis,this paper collects and analyzes 92 adjudication documents to explore the factors affecting the judges’ judgment on the labor status of the corporate executives involved in the lawsuit under the current judicial system,including the percentage of shareholding,average monthly income,the existence of written labor contracts,and job titles,etc.At the same time,the paper interprets and discerns the rationality of the relevant judgment factors with the help of quantitative analysis.Based on the above analysis,this paper proposes a theoretical framework to improve the identification of corporate executives in China,suggesting that the rights of labors stipulated in labor law should be divided into two categories: "basic rights" and "welfare rights".This paper also discusses whether these two types of rights should be enjoyed by corporate executives in labor relations,and whether corporate executives should fulfill the obligations,and propose countermeasures to improve the application of labor law for corporate executives. |
