COMMENT ON THE JUDGEMENT DELIVERED BY THE SUPREME COURT OF JUSTICE (4TH SECTION), PROCESS N.º 1887/14.5T8BRR-A.L1.S1, ON 2 MAY 2018 (CONSELHEIRO CHAMBEL MOURISCO)

Abstract

The employment relationship established between a director and an association is of contractual nature and has a special affinity with the service contract and the labour contract, especially in the latter case with the service commission. In the present case, considering the nature of the position (chairman of the board of directors) and the circumstances of its exercise, the qualification of the relationship as subordinate work can be excluded. As the management relationship was not labour-based and there was a previous employment contract between the parties, this one was suspended. Although the employment contract is suspended, the obligations of the parties that do not presuppose the effective rendering of work, especially the worker’s duty of loyalty, remain. Since the chairman of the board has committed an infringement of the duty of loyalty, her dismissal is justified.