关键词: 公司与高管; 委任关系; 劳动关系; 混合合同

Abstract: There are divergences in the application of written labor contract rules to senior executives in the regulation interpretation and evidence rules， which reflects the long-term confusions in practice regarding the state of the legal relationship and the nature of the contract between the company and the senior executive. Lifting the veil. It find that senior executives have the dual identity attributes of employer representatives and employees， and they have an appointment relationship and labor relationship with the company to operate as one， forming a type-integrated mixed contract of appointment and labor contracts. However， the hidden legal loopholes in the application of written labor contract rules to senior executives have resulted in the mixed contract conflict between the mandatory rules of labor contract and the non-standard rules of the appointment contract. The coordination path is based on the principle of interest measurement. Through the demonstration of the substantive rules of labor law value judgment， the identity characteristics of executives as “strong employer representatives and weak workers” are obtained. And the legal loopholes applicable to senior executives are filled with the purpose of narrowing labor contract form regulations to explore the mode of laws for the adjustment of the labor type.

Key words: company and senior executives; appointment relation; labor relation; mixed contract