Regardless of the form of the company in which he / she carries out his / her work, the managing person is with this company in a corporately legal and contractually legal position. The positions are in principle independent of each other, but in some areas they are nevertheless connected. Thus, the appointment, as a formal entry into the corporately legal position, is necessary for the conclusion of a contract on the performance of a function of the managing person. This is usually a civil law contract, which is often not known in the relevant legislation as a nominal contract, but is freely entered into by the contracting party - a managing person on the one hand, and the supervisory board, the board of directors or the general meeting of shareholders (depending on the status of the company) the other side. In the Republic of Slovenia, however, the peculiarity is evident, since labor law allows for the conclusion of civil law contracts as well as employment contracts, for which the parties normally decide. Such an arrangement, however, viewed from the perspective of the provisions of national and international labor law legislation is not justified, since managing persons often are not subordinate to the employer in their contractual position with the company, therefore they are not subject to the instructions and supervision of the employer, which makes their relationship impossible to define as an employment relationship. Because of this reason, it is not entirely clear why the legislature has opted for such an arrangement. Furthermore, in the case when a managerial person and a company conclude a civil law contract on the performance of a function, the possibility of having at least a limited legal protection as an economically dependent person can be attributed to the managerial person.
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