The position of manager of a trading company will be possible to cumulate with the position of employee of that specific company, in case the person appointed manager will actually perform the duties that pertain to both the managerial position and to the specific employee position.
At the same time, the sole partner may be an employee of the limited liability company whose sole partner they are, but may not also function as a manager. This is according to an emergency ordinance draft intended to modify the law of trading companies.
The Justice Ministry is working on an emergency ordinance that modifies and complements the law on trading companies (31/1990) and the law on trade register (26/1990), which had been modified by law 441 last November. Law 441 drew criticism from some business people (while others hailed it), because it prohibits, under the principles of corporate governance, managers and directors to sign employment contracts with the companies they run.
Managers and directors may only sign management contracts. These stipulations are kept, and the emergency ordinance draft stipulates that joint stock companies shall operate the modifications and register them with the Trade Register within seven months from the enforcement of the new law. Until such steps are completed, the companies may continue to function using the same management structure they had at the time when the law came into force.
Adrian Izvoranu, the general manager of the Alliance of Employer Confederations in Romania says the seven-month deadline, set for companies to comply, is too tight, as "managers donet grow on trees".
"Therees a lot of paperwork to be altered. Whates more, real managers develop with time. You donet just meet them once and strike a deal about their pay. A management contract is negotiated over many months," Izvoranu says.
He agrees
