|
At present, China's labor law is not excluded from the senior management of the workers outside the scope. Labor law laborers range of senior management capacity and exclusion, the relationship between labor law and the continuation of the spirit of legislation, but also on the realization of social justice. Senior management in the enterprise's identity is more complex, has a dual nature. From the point of view of labor relations within the enterprise, as opposed to the corporate employer, they belong to the workers; representatives from their enterprises engaged in hiring, firing other workers such as behavior is concerned, its representatives and maintenance but also the interests of the employer. With modern enterprise separation of ownership and management, in general, managers (ie senior management), among workers and senior management to become the most powerful among the three groups, they can manipulate the business enterprise, you can control of the underlying workers destiny. With economic development, reform and opening up, the traditional workers in the enterprise-level differentiation occurs within the different strata of workers in the enterprise to play a different role, and employers contrast between the strength of the force is also different. Especially the emergence of this class of senior management, which can other workers on the fate and destiny of a decisive impact. This is on the need for and scope of the original form to reflect workers. This article examines the jurisprudence scholars have different views, modern scholars have disputed the grounds varies, intends compare various views and reasons, that this argument reference. This article will use the following methods: 1, standard analytical methods. This paper intends to focus on the analysis of legal norms. 2, Case Study Methods: This paper from the case studies start to show the senior management of labor law as the main problems arising. 3, comparative research methods: learning from Taiwan, the United States legislation cases, comparative legislative background and legislative basis, and thus seek to fit our legislation. I believe that senior management should not be regarded as laborers on labor law. This paper will demonstrate the following several aspects: first, as a shortage of workers from the property: on the one hand, from the senior management of the powers and functions of the work point of view, it has some special power, can arrange time off work ; the other hand, from the senior management of the employer's reliance on the extent that senior managers are often irreplaceable, or even directly affect the unit's fate, but as a strong ability to \very extensive, easy to quit or poached by other employers, so that the original unit facing enormous problems. In addition, from relief perspective, senior management are high-quality, high-income groups, which is subject of education and their own economic conditions are very different from ordinary workers, remedies and more, the cost is relatively low, and there is ability confrontation with the employer. Secondly, as a common laborer, fairness deficiencies. From the point of view of economic compensation function, the main function of economic compensation is to protect workers in the labor contract to start a new labor contract until this time livelihood, should be the main features of social protection, the high economic compensation has not only remain in the category of subsistence. Third, from the legislative purpose of labor law analysis, the senior management of the workers included in the scope does not comply with the legislative intent as laborers on labor law and incompetent. Fourth, as a laborer, equality is questioned: senior management compared with other workers, strong and prominent position, it does not have a need for special protection. Fifth, labor benefits from the business relationship, analyzing the existing \Senior Management is an independent group of labor law should not apply for special protection. Finally, the senior management as an ordinary laborer, is not conducive to union solidarity. Therefore, senior management should be positioned as the appointment after appointment, and the exercise of management functions of the company management control people.
|