| Abstract [eng] |
Chief executive is an essential part of company’s organizational system and a company could not obtain rights and assume obligations without it. However, being not only a governing body of a legal entity, but also its employee, gives a rise for certain complexity of legal intercourse between the company and its chief executive. This complexity means that on one hand intercourse between company and its chief executive as a governing body are regulated by the civil law, while on the other hand the labor law rules are also applicable to him as to every other employee. Such dual regulation of relations between the company and its chief executive raises some difficulties when determining which legal norm has to be applied in certain circumstances. With the intention to comprehend the nature of intercourse between the company and its chief executive, this paper deals with major legal aspects one way or another related to regulatory subject of both labor and civil law. For this reason the analysis include the assessment of the nature and the development tendencies of legal status of company’s chief executive. The particularity of its legal status determines somewhat different regulatory regime applicable to a chief executive comparing to labor law applicable to ordinary employees. Aiming to display these differences the employment agreements with chief executive are analysed in comparance with similar civil contracts, as well as conclusion, types and conditions of such labor contracts. Besides, the legal basis for the termination of employment relations with chief executive, different than those of ordinary employees, are analysed as well as the respective termination procedures. The issue of chief executive’s responsibility for the damage caused to a company is also analysed in this paper, aiming to determine in what cases limited material responsibility according to labor law is applicable and when the chief executive is fully responsible according to civil liability rules. The analysis includes not only the contractual intercourse between company and its chief executive in the Republic of Lithuania but also in Russian Federation. |
