PRAVNI OSNOV ANGAŢOVANJA DIREKTORA: OPŠTI RADNOPRAVNI I PRIVREDNOPRAVNI POLOŢAJ DIREKTORA
LEGAL BASIS FOR THE ENGAGEMENT OF THE DIRECTOR: GENERAL LABOR AND COMPANY LAW POSITION OF THE DIRECTOR

Summary/Abstract: Starting from the positive law of the Republic of Serbia and provisions falling under the purview of general labor relations and business entities, the aim of this paper is to explore the two fundamental stages of engaging directors, which involve director appointment and the conclusion of contracts with the director, and to highlight potential enhancements to the legal provisions in this area. Through the normative method, legal provisions governing the engagement of directors will be analyzed, while in certain instances, the advantages and disadvantages of existing legal provisions will be explored through the historical-legal method and comparative analysis. Director appointment constitutes a mandatory stage in the engagement of directors. The second step in engaging a director is the execution of an employment contract or a contract defining mutual rights, obligations, and responsibilities. In this context, the written form of these contracts, for the purpose of valid director engagement, can be substituted by the director commencing work. In addition to the aforementioned, a third possible legal basis for director engagement arises in the form of a supplementary work contract. Regarding the commencement of a director’s mandate, there is a legal gap concerning the regulation of the relationship between the start of the mandate and the day the director commences work. Therefore, the current Law on Business Entities, concerning the rule that the mandate of a limited liability company’s director begins on the day of the decision unless another start date is specified, neglects the provision that rights, obligations, as well as responsibilities, can only be realized on the day the director commences work.

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