The administrator and legal agent of a company is a representative or an employee? Analysis of the legal nature of the figure

Abstract

Companies exercise rights and incur obligations through a legal representative. This agent is a person who manages and represents the company internally and externally. Ecuadorian legislation, doctrine and local precedents indicate that the administrator and legal agent is a representative of the company. First, he oversees the management and administration of the company, which undermines the element of subordination, which is the cornerstone of the employment relationship. Second, the position is precarious and freely disposable since it does not require any cause or justification for its removal. Finally, the position of legal representative is limited to a maximum period of five years and receives fees as consideration for his services. On the other hand, the employee receives a salary or wage that cannot be less than the legal minimum and his working time is indefinite. However, there are certain cases in which it is not clear whether the legal nature of this figure is merely civil, or, on the other hand, it is subject to the labour regime.