
Remuneration and employment contract of the managing director
Code: OBOB00146
Question
I work in the company as Managing Director, I was only recently appointed to this position with my consent. I also have an employment contract with the company, I work as head of the marketing department. Am I also entitled to special remuneration for my work as managing director?
The answer
The exercise of the office of managing director is not an employment relationship and therefore cannot be regulated by an employment contract. The relationship between the company and the managing director is governed by a special mandate agreement in which both parties agree on the mutual rights and obligations, including remuneration. In the absence of such a contract, the provisions of the mandate agreement apply to the relationship between the managing director and the company. Therefore, if the amount of remuneration for the performance of the managing director’s duties has not been contractually agreed, the managing director is entitled to the usual remuneration.
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