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我国《公司法》的调整对象为在我国境内设立的有限责任公司和股份有限公司。在学习这两大公司的过程中,必然涉及公司的高级职员。因此公司高级职员与公司的关系成为一个值得思考的问题。本文将公司的高级职员分为具股东身份的董事、监事,董事会聘任的经理、副经理、财务负责人等和董事会、监事会中的职工代表三类,进而对高级职员与公司的关系进行分析。具股东身份的董事、监事是公司的股东,除了应当履行公司高级职员的义务外,还享有股东权利,应履行股东义务;由董事会聘任的经理等高级职员与公司之间是一种劳动合同关系;董事会、监事会中的职工代表本身是公司职工,经公司职工选举成为公司高级职员,与公司也是一种劳动合同关系。无论公司的高级职员从何产生,都在《公司法》的调整范围内,应当遵守《公司法》及公司章程的规定。
China’s “Company Law” to adjust the object for the establishment of our country’s limited liability company and limited liability company. In the process of learning these two companies, it is bound to involve the company’s senior staff. Therefore, the company’s senior staff and the company’s relationship has become a question worth considering. In this paper, the company’s senior staff is divided into shareholders with the status of directors, supervisors, the board of directors appointed managers, deputy managers, financial officers and other board of directors, board of supervisors of the employee representatives in three categories, and then the relationship between senior staff and the company. Directors and supervisors with shareholder status are shareholders of the company. In addition to fulfilling their obligations as senior officers, they also have the rights of shareholders and perform their obligations. Shareholders and other senior managers, who are appointed by the board of directors, are in a labor contract relationship with the company ; Employee representatives in the board of directors and the board of supervisors are themselves employees of the Company and are elected as senior staff of the Company upon election of employees of the Company and are also a kind of labor contractual relationship with the Company. No matter where the senior staffs of the company arise, they are all within the scope of adjustment of the Company Law and should abide by the provisions of the Company Law and the Articles of Association.