论公司首席执行官作为法人实体特别代表的劳动与法人地位的关系问题

O. Ivanova, Vladimir A. Konstantinov
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引用次数: 0

摘要

这篇文章探讨了公司首席执行官的法律地位。公司首席执行官地位的模糊性,考虑到组织的性质和建立的目标,创造了通过行业立法来规范首席执行官地位的各种手段。公司首席执行官的劳动与公司身份之间的关系问题,以及身份相似和区分的标准问题尤为重要。这个问题的答案在于企业组织的本质。本研究的目的是在分析各种行业从属的监管法律行为的基础上,追溯公司组织中公司首席执行官的劳动与公司身份的异同,并提出其相关性的标准。研究的方法论基础是辩证方法、系统方法、逻辑方法、形式法等科学认知方法。作者指出,通过对这一问题的研究,得出了公司组织中首席执行官的劳动地位取决于公司的结论。本文提出了公司组织中公司首席执行官的劳动和公司身份的相似性标准和区别标准:劳动和公司身份的相似性仅在于公司首席执行官所从事活动性质的一般取向:他们是组织中的执行主体;区分标准:公司首席执行官是否存在雇佣合同。同时,在保持公司身份的同时,公司的首席执行官有义务在与员工的关系中遵守劳动法的规范。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
ON THE ISSUE OF THE RELATIONSHIP BETWEEN THE LABOR AND CORPORATE STATUS OF THE COMPANY'S CHIEF EXECUTIVE AS A SPECIAL REPRESENTATIVE OF A LEGAL ENTITY
The article examines the legal status of a company's chief executive. The ambiguity of the company's chief executive's status, taking into account the nature and goals of establishing the organization, creates a variety of means to regulate the chief executive's status by sector specific legislation. The issue of the relationship between the labor and corporate status of the company's chief executive is especially important, as well as that of criteria for similarity and differentiation of statuses. The answer to this problem lies in the essence of corporate organizations. The purpose of the study is to trace the similarity and difference between the labor and corporate status of a company's chief executive in a corporate organization based on the analysis of regulatory legal acts of various industry affiliation and to propose criteria for their correlation. The methodological basis of the study was the dialectical approach, systematic, logical methods, formal legal and other methods of scientific cognition. The authors note that the study of the issue leads to the conclusion that the labor status of a company's chief executive in a corporate organization is dependent on the corporation. The article proposes similarity criteria and differentiation criteria of the labor and corporate statuses of a company's chief executive in a corporate organization: similarity of both statuses – labor and corporate – lies only in general orientation of the nature of the activity carried out by the company's chief executive: they are the executive body in the organization; the criterion of differentiation: the existence of an employment contract of the company's chief executive . At the same time, while remaining in the corporate status, the company's chief executive is obliged to adhere to the norms of labor legislation in relations with the employees.
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