Study on the Application of Labor Law to Company Executives
公司高管的劳动法适用问题研究

摘要

公司高级管理人员作为介于雇主和劳动者之间的特殊群体，具备雇员和雇主两种属性，身份的双重性导致其在适用劳动法律的过程中出现了诸多困境。本文对公司高管适用劳动法律所产生的问题和原因进行总结，作出相应的评析，并提出将公司高管进行分层以及构建不同层级的高管适用劳动法特殊规则的建议。

Abstract

As a special group between employers and workers, senior executives of companies have the attributes of both employees and employers, and the duality of their identities has led to many difficulties in the process of applying labor laws. This article summarizes the problems and causes of the application of labor laws to corporate executives, makes a corresponding analysis, and proposes to stratify corporate executives and construct special rules for the application of labor laws to executives at different levels.