Research On The Legal Application Of Dismissing Company Executives

Compared to ordinary employees of the company,company executives bear heavier obligations and also enjoy more rights and higher status.Company executives grasp the basic context of company growth and promote the standardized and orderly development of the company.Therefore,the employment and departure of company executives have important significance and profound impact on the company.Legal disputes arising from the dismissal of company executives often become a central topic of public opinion and a long-term concern in the current academic community in China.The current research in Chinas academic community mainly focuses on the following aspects: firstly,the particularity of the identity of company executives;secondly,whether the standards for determining workers in labor law-"economic subordination" and "personality subordination"-are applicable to company executives;thirdly,whether the employment and dismissal of company executives are applicable to labor law.The particularity that distinguishes company executives from ordinary workers has been recognized by most scholars,but there is still a lack of systematic research and recognition on how to coordinate the application of labor law and company law based on their particularity.The issue of the legal application of dismissing company executives has become a "hot potato" in the eyes of many scholars and legal officials.The legal application of dismissing company executives should be examined and evaluated from two dimensions: company law and labor law.However,conducting research solely from these two dimensions without seeking a balanced application point is meaningless.How to balance the application of the two laws is the focus of this article’s discussion.Article 46 of the Company Law clarifies the powers that the board of directors should have by listing,among which item 9 stipulates that the board of directors has the right to decide whether to hire or dismiss a manager,and also stipulates that the board of directors may,based on the recommendation and nomination of the manager,engage or dismiss deputy managers and financial managers.Articles 39 and40 of the Labor Contract Law,from the perspective of protecting workers,stipulate that employers do not have the right to arbitrarily terminate labor contracts with workers.On the surface,it appears that the conflict is caused by the different provisions of the two laws,but in essence,it is the conflict between the values and the logic pursued behind the two laws.The development of modern commercial society cannot do without efficiency,so the company law takes the pursuit of efficiency as its logical basis.The natural vulnerability of ordinary workers when facing employers determines that labor law is necessary to provide certain preferential protection for workers,Thus maintaining a dynamic balance between labor and capital relations,which is fairness.When the board of directors exercises its power to dismiss company executives,the labor law also stipulates that employers do not have the right to terminate arbitrarily,which is a conflict of legal application caused by the neglect of the special nature of the identity of company executives by the company law and labor law.When to prioritize the application of company law and when to prioritize the application of labor law are the first issues that should be addressed in current research on this issue.The debate in the academic community on this issue also indirectly affects the judges’ handling and attitude towards this issue in practice.Some courts wield their power to identify company executives as ordinary workers and apply labor laws,while others carefully and meticulously seek evidence from multiple sources,but the verdict results are not satisfactory.The lack of unified and clear identification standards and judgment basis will naturally have a complex impact on the practical community,especially the results of judicial judgments.This article first starts from three cases,extracts the focus of controversy in the cases,and then conducts a legal analysis of the focus of controversy.Based on existing research conclusions and achievements,it elaborates on the definition of corporate executives,further analyzes and discusses the special identity attributes of corporate executives,and then conducts research on the legal application of executive dismissal.Based on the research,it sorts out the conflicts of dual legal application,Exploring the construction of a "layered protection mechanism for workers",and exploring the supplementation and correction of legal application rules based on different situations in practice,sorting out a reasonable logical structure for the legal application of dismissing executives.Finally,from the perspective of company executives themselves,exploring the basic relief methods and means that company executives should have.