As managing director you are formally manager of the company. You differ from the ordinary employee in terms of employment law. Under Dutch law the managing director usually has a double legal relationship with the company: a company law relationship and an employment agreement. The position of the managing director in employment law is complex for this reason. Besides interests are often substantial. Asking for a thorough employment law advice in order to prevent problems in the future or solving existing conflicts is to be advised.
Employment contract or managing contract?
A managing director can either work based on an employment contract or a managing contract (“services contract”). A management contract is usually easier to end than an employment contract.
In both cases, it is important to the manager to safeguard his interests in the contract. Clauses with regard to notice periods, non-compete and golden parachute are vital. Based on Dutch law the managing director does not have the same standard of protection as the “ordinary” employee. Our employment lawyers will kindly assist you in drawing up or screening your management contract or employment contract.
Dismissal managing director
To end the company law relationship a legal decision for dismissal has to be given by shareholders resolution. In general a dismissal from the company law relationship also leads to ending your employment contract.
Resignation from the board on your own initiative in general also leads to the end of your employment contract.