Scope of office of the managing director and his remuneration
Code: OBOB00145
Question
For 1.5 years, I was the second managing director of the limited company. I only had an employment contract with the company. The company has now cancelled my contract and removed me as managing director. Is it true that I can claim special remuneration for my work as managing director that goes beyond my employment contract? The company claims that I did not work as a managing director at all or only to a minor extent, so that I am not entitled to anything.
The answer
In general, the remuneration is due to the person who fulfils the function of managing director. As the managing director is the managing director 24 hours a day, 7 days a week, i.e. the office is exercised without any time limit and is subject to a number of obligations by virtue of the office, the remuneration cannot be based on the actual scope of the activity. The managing director must perform his duties with professional (due) care and in accordance with the interests of the company and its shareholders. The entitlement to remuneration for the performance of the duties of a managing director is therefore not based on the time spent by the managing director in performing his duties, but on whether he has performed his duties properly.
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