The bond doctrine. Does it infringe EU law?

Abstract

This study sets out the doctrine of the Court of Cassation on the theory of the link, according to which when the director or administrator performs managerial or executive duties, there is a subsumption of the labour performance in the corporate performance, with the commercial nature prevailing over the labour nature. However, a consolidated doctrine of the CJEU does not allow the existence of an employment relationship to be excluded, in these cases, for the purposes of the application of EU law. In the light of the aforementioned case law of the CJEU, this paper argues for a reconsideration of the systematic prevalence of the commercial relationship over the employment relationship, and the application, where appropriate, of the theory of the link when the person providing services on behalf of the company has effective control of the company or exercises decisive influence.