Is the employment contract between the chairman of a company and the company within the scope of the

It doesn't belong. According to the relevant laws and regulations, the Labor Law regulates the employment relationship between the employer and the employee. The chairman of the board of directors is the legal representative of the company, that is, the representative of the employer, and can only sign a labor contract with the employee on behalf of the company to form an employment relationship to manage the company, and there is no labor relationship between the two.

Therefore, the employment contract between the chairman of the board of directors and the company cannot be adjusted within the scope of the labor law.

Legal analysisAccording to the relevant laws and regulations, the objects of adjustment of the Labor Law are: (1) Labor relations The labor relationship that is the object of adjustment of the Labor Law refers to the social relationship between the owner of labor force (laborer) and the user of labor force (employer), in which one party provides labor force and the other party provides labor remuneration in the labor process. Characteristics of labor relations:

a.Compatibility between personal nature and property nature: property in form, personal attribute in substance.

b.Compatibility between subordination and equality: equality in form, subordination in substance.

Labor relations include three levels of relationships: creditor's rights, debts, property rights, and personal rights. (2) Other social relations closely related to labor relations Labor administrative relations refer to the social relations between labor administrative departments and laborers, employers, and other persons related to labor relations for the purpose of performing administrative functions.

The social insurance relationship is based on the provisions of the labor contract and the rights and obligations between the employer and the employee on the handling of social insurance and the payment of fees. The second is the social relationship between the social insurance agency and the worker and the employer because of the payment of social insurance premiums and social insurance benefits. The "labor market service relationship" refers to the social relationship between the labor market service organization and the employer and the worker due to the provision of social services for the operation of the labor relationship.

"Labor group relationship" refers to the social relationship between a trade union organization or employers' group organization and its members, as well as between each other, as a result of coordinating labor relations and safeguarding the interests of the parties to the labor relationship that they represent. Labor dispute settlement relationship refers to the social relationship between labor dispute settlement institutions and labor dispute participants (including parties, ** persons, representatives, and third parties) on the mediation and arbitration of labor disputes. Generally speaking, the legal representative of the company is the chairman, executive director or manager, and is registered in accordance with the law.

The legal representative generally does not establish an employment relationship with the company, except for those who hold specific positions.

Legal basisLabor Law of the People's Republic of China Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter referred to as "employers") within the territory of the People's Republic of China and the workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Belongs!He is also an employee of the company!

1. If the labor remuneration of the employee is not paid in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the payment of the labor remuneration within a time limitIf the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable.

2. The statute of limitations for complaints in labor security investigation is two years, and the statute of limitations for applying for labor arbitration is not limited during the period of employment and within one year from the date of resignation.

When a non-executive director is employed, is the relationship between the non-executive director and the one produced under the employment contract an employment relationship?

1. Non-executive directors, who participate in the management of the enterprise, belong to labor relations;

2. Non-executive directors who participate in the production of enterprises belong to labor relations;

3. Non-executive directors who exercise the rights of shareholders belong to the shareholder relationship.

According to the provisions of the Company Act, directors can appoint Qiyou. Therefore, the directors are appointed by the shareholders, not the old Punzu company, and they may not have an employment relationship with the company.

Lawyer Wang Dingneng.