The Company Director Employment Contract is a specialized agreement used in Belgium when appointing directors who will have both a corporate mandate and an employment relationship with the company. This dual status requires careful consideration of both Belgian corporate law and employment regulations. The document is essential for establishing clear terms of service, responsibilities, remuneration, and governance obligations while ensuring compliance with the Belgian Companies and Associations Code, employment law, and corporate governance requirements. It's typically implemented when appointing new directors or formalizing existing relationships, and includes comprehensive provisions for protection of both company and director interests, including confidentiality, intellectual property rights, and post-termination obligations.
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1. Parties: Identification of the company and the director, including full legal names, addresses, and registration details
2. Background: Context of the appointment, including corporate resolutions authorizing the directorship and employment relationship
3. Definitions: Key terms used throughout the agreement, including 'Company', 'Board', 'Services', etc.
4. Appointment and Term: Specification of the director's appointment, role, and duration of the contract
5. Duties and Responsibilities: Detailed description of the director's duties, both as a corporate officer and employee
6. Time Commitment: Expected working hours and time dedication to the role
7. Remuneration and Benefits: Base salary, bonuses, benefits, and method of payment
8. Location and Travel: Primary work location and travel requirements
9. Expenses: Policy on business expenses and reimbursement
10. Confidentiality: Obligations regarding company confidential information
11. Intellectual Property: Assignment of IP rights created during employment
12. Corporate Governance: Compliance with corporate governance requirements and company policies
13. Termination: Grounds and procedures for contract termination
14. Post-Termination Obligations: Continuing obligations after contract end
15. Data Protection: Compliance with GDPR and data protection requirements
16. Governing Law: Specification of Belgian law as governing law and jurisdiction
1. Non-Compete Clause: Restrictions on post-employment competition - optional based on role sensitivity and local enforceability
2. International Travel: Specific provisions for international duties - include if role involves significant international work
3. Share Options: Terms of any share option or equity participation schemes - include if equity compensation is offered
4. Representative Powers: Specific powers of representation - include if director has special representative authority
5. Language Requirements: Language proficiency requirements - include if working in multiple Belgian linguistic regions
6. Secondment Provisions: Terms for potential secondment to other group companies - include for international groups
7. Insurance Coverage: Special insurance provisions beyond statutory requirements - include if additional coverage is provided
8. Training and Development: Professional development commitments - include if specific training programs are offered
1. Schedule 1 - Remuneration Package: Detailed breakdown of salary, bonuses, and benefits structure
2. Schedule 2 - Job Description: Detailed description of roles and responsibilities
3. Schedule 3 - Company Policies: List of applicable company policies and procedures
4. Schedule 4 - Benefits Summary: Details of insurance, pension, and other benefits
5. Schedule 5 - Performance Metrics: KPIs and performance evaluation criteria
6. Appendix A - Board Resolution: Copy of board resolution approving the appointment
7. Appendix B - Share Option Plan: Details of any applicable share option scheme
8. Appendix C - D&O Insurance: Summary of Directors and Officers liability insurance coverage
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