The modernized Civil Code establishes that the administrator of a legal person may be dismissed by decision of the competent body of the legal person (e.g., council) on the basis provided by law or contract, as well as without invoking a reason and without notice.
Moreover, if there is a legal employment relationship between the administrator and the legal person, the dismissal entails the termination of the individual employment contract on the same date.
The Labor Code cannot be invoked to challenge the dismissal decision.
Even if the administrator’s dismissal under a ground provided for by law or contract does not fall within that ground, the administrator may ask the court to find that he/she has been dismissed without reason but cannot contest, for this reason, the decision to dismiss.
The regulations of the Civil Code emphasize that the relationship between the administrator and the legal person is based on loyalty to the associates and the trust that the latter have towards the administrator.
The modernized Civil Code can be accessed at the following link (art. 200)
