论公司高级管理人员的劳动合同法律适用

On the Application of Labor Contract Law for Senior Management of Company

公司高级管理人员是劳动纠纷涉及的重要主体,其权利与义务与普通劳动者相比存在一定的差异。但现行立法并未就公司高管的劳动者身份进行明确界定,并引发司法裁判的混乱和学界的纷争。例如,公司高管其高管职务被解聘之后,劳动合同是否随之解除?竞业限制协议作为公司高管与公司间常见的约定,其劳动合同尤其是劳动合同存在瑕疵时,该协议效力是否受到影响?这些问题不但值得理论探究,而且对司法实务部门处理相关劳动争议更具现实意义。

Senior managers are important subjects involved in labor disputes, and their rights and obligations are different from those of ordinary workers. However, the current legislation does not clearly define the status of senior managers of the company as a worker, thus causing confusion in judicial decisions and academic disputes. If the senior managers are dismissed, will the labor contract be lifted? As a common agreement between managers and companies, the validity of non-competition agreement will be affected when there are defects in the labor contract. These problems are not only worthy of theoretical exploration, but also of practical significance to the judicial practice departments in dealing with related labor disputes.