If the Administrator of the Trading Company Can Be Employed Under the Legislative Framework Provided by the Company Law, the Labor Code and the Civil Code

Taking into consideration the provisions of the legislative modifications recently occurred in the field of society law, the clarification of the legal nature of the relationship between the administrator and the managed company comes as necessary, even more so that this subject was the source of controversy and divergences of doctrinary opinions. Far from elucidating the problem regarding the cumulation of the employee position with the one of trading company administrator, we only intend to present pro's and con's, starting from the doctrinary opinions and legal provisions in effect – Law no. 31/1990 , and with the subsequent amendments and the provisions of the Labour Code with incidence in the subject matter – regarding the legal relationship between the administrator and the company. We believe that an administrator can not conclude a labor contract, and this first of all because of an argument related more to the common sense, namely that such a contract will lack an essential feature of the legal labour relation, respectively the employee subordination to the other party, but at the same time, as far as the sole associate administrator is concerned, the conclusion of a labour contract would be similar to a self-employment