The Legal Regime of the Liability of the Administrators of the Commercial Companies that are also their Employees

Abstract

From the logical and unitary interpretation of Law no. 31/1990 (art.72 and art.166), the liability of the administrators and auditors of the companies, who are at the same time their employees, is a civil liability - in the broad sense of the notion of civil law by applying the rules of the mandate. From the perspective of the patrimonial liability of the employees, according to the Labour Code, the ways of recovering the damage caused to the company to which you are subordinated in the employment relationship differ from the ways of recovering the damage in case of non-compliance of the mandate's limits. Analyzing the two types of liability, in the situation where the administrator also has an employment contract with the company, we conclude that the practical solution and in accordance with the concern of the legislator to prioritize the application of special law is to assess the conditions of liability of the administrator to the rules from the mandate provided by art. 2017-2024 Civil Code and Law no. 31/1990, and regarding the way of establishing the liability and recovering the damage, the provisions of art. 253-259 Labour Code.