The Constitutional Chamber of the Supreme Court of Justice ("CC-SCJ"), by Decision Nº 11-1227 issued on May 14, 2012, determined that in order to characterize a worker as a senior or upper management employee, the functions, activities and attributes that legally define the position should be compared with those that the worker actually discharges regardless of title or office. The CC-SCJ stated that by applying the principle of prevalence of substance over form contained in Article 89 of the Constitution, the status of upper or senior management employees would be determined by the actual nature of the services rendered, and not by the characterization ascribed on a conventional or unilateral basis.
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.Register
If you have any questions about the service please contact firstname.lastname@example.org or call Lexology Customer Services on +44 20 7234 0606.
Definition of senior or upper management employee
- Baker & McKenzie
- July 2 2012
If you are interested in submitting an article to Lexology, please contact Andrew Teague at email@example.com.
PHD, a division of The Fuel Logistics Group (Pty) Ltd