公司高管劳动法制度保护的排除与适用

The Labor Law Exemption and Application to Senior Executives

公司高管泛指在公司运行中担任要职、负责经营、掌握重要信息的人员,我国劳动法并未将高管排除于劳动者之外。由于高管的特殊性,域外法律通常不将其视为普通劳动者进行保护。台湾地区采用一般界定标准对高管进行认定,美国对高管适用劳动法采取豁免。我国劳动法对高管的适用应当综合分析其在公司内所处职位、实际作用、工资收入,做到不同情况区别处理,既有排除也有保护;兼顾劳动者权益与公司合法利益。

The senior executives refer to the people who are in charge of operation and master crucial information. According to China＇s Labor Laws, senior managers are identified as laborers. But their particular identity set them aside of protection by law as an ordinary employee. Taiwan＇s courts have specific standards to recognize senior managers. In America, they get exemption from the labor law. In China, we should take all elements into consideration, such as senior managers＇ income, position, and extent of power. The benefits of senior executives and company can be protected by law at the same time.