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

Abstract

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.