Management Agreement In Nederlands
The director in question had been appointed director of the statutes, in accordance with the statutes of Company A, established at the creation of a Dutch company or corporation, which regulates the activities of the company and determines its purpose. „Sea on the statutes. In addition, an administrative agreement was reached with the Director. The director had not gone to work because of a serious illness. In agreement with the General Assembly, he had been honourably discharged. This meant that another director could be appointed to replace (temporarily) the director. However, it was agreed that the Director could resume his management duties after recovering. The administrative agreement has been renewed in its amended form. The director`s recovery lasted longer than expected. He finally returned, but not in the role of the director. When a dispute erupted over the way the company was run by the new management, the company terminated the management contract.
According to the Director, it is appropriate to refer to the provision of the statutes that changes to certain employment contracts require the approval of the general meeting. The Tribunal considered that a similar application of this provision was not an option. Again, it is not an employment contract. It should be noted that in the administrative agreement, the parties had stressed that this was not an employment contract. In short, the company was allowed to unilaterally terminate the management contract within the notice period. The director is not entitled to (derived) employment protection. The Tribunal indicated that the recovery had taken much longer than expected. In the meantime, the way the business was managed had changed dramatically and a management team was appointed.
Finally, the relationship between the director, on the one hand, and the company and the (new) management team, on the other, were severely disrupted. In this case, the company`s interest in departing from the agreements prevailed. After recovering from the disease, a Dutch director wanted to return to work. However, the company appointed another director and unilaterally terminated the management agreement. The director has initiated an interim procedure. In the Netherlands, is this intermediate procedure for terminating the management contract likely to succeed? Sander Schouten, a Dutch labour law specialist, is leading the ruling. The Director then stated that the administrative agreement could not be terminated unilaterally. But on this point too, the director had to resign. An administrative agreement is an attribution agreement. No employment contract.
While the worker is protected from unilateral dismissal in the Netherlands, this protection generally does not apply to transfer. Under the terms of the treaty, parties in the Netherlands are free to terminate the management contract at any time in accordance with the six-month notice. The Director referred to the recovery agreement between the parties. That has to be respected, right? The Dutch court considered that this was not the case and applied the restrictive effect of adequacy and fairness on competition: in the present circumstances, it is unacceptable, for reasons of adequacy and fairness, that the company still has to comply with the agreements reached in 2012. As a general rule, the HMA includes: (a) a five-year extension period, sometimes mutual agreement between the parties, sometimes in the form of extension options for the benefit of the operator.