Administrar E Trabalhar: Uma Relação Impossível?

Análise De Algumas Limitações Ao Exercício Da Administração Societária

Abstract

The legal prohibition on the accumulation of administrator duties with any others under an employment or service contract, as well as its legal consequences, in a public limited company or in a company with which it is in a control or group relationship, as set out in article 398(1) and (2) of the Commercial Companies Code, is the subject we propose to analyse.

Naturally, the prohibition laid down in Article 398 n.º1 has provoked different views, agreeing and disagreeing, which will be analysed here, as well as the consequences legally drawn from this prohibition, which involved, at least in part, the Constitutional Court taking a stance that led to a ruling under n.º774/2019 of 27 January.

The subject is not new, but it is still relevant, and the aim is to provide an overview of Portuguese doctrine and jurisprudence.