Abstract

SIERRA-HERRERO, Alfredo. Regarding the Classification of a Partner or Shareholder as a Dependant Employee. Estud. Socio-Juríd [online]. 2011, vol.13, n.2, pp.141-162. ISSN 0124-0579.

This article analyzes the juridical controversy related to whether a person that provides services to a company in which is partner, can be qualified or considered as a dependent employee of it. In order to accomplish that purpose, the article provides a critical study of the doctrine of the Chilean Department of Labor (Dirección de Trabajo) in contrast to the jurisprudence of the Chilean courts of justice. From there, the author develops criteria that can serve as guidance towards the resolution of disputes of this nature. To this end, an interdisciplinary study is done, which combines both the essential elements of the contract of employment, mainly the element of alienation, with the characteristics of each type of company.

Keywords : employee; partner; shareholder; partnership; corporation.

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