Directors Contract Of Employment Template for Belgium

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Key Requirements PROMPT example:

Directors Contract Of Employment

"Need a Directors Contract Of Employment under Belgian law for our new Finance Director who will be joining our Brussels-based fintech startup on March 1, 2025, including stock option provisions and specific clauses for international travel as they'll be overseeing our European expansion."

Document background
The Directors Contract Of Employment is a specialized agreement used when appointing directors who will have both corporate officer duties and an employment relationship with the company under Belgian law. This document is essential for establishing clear terms of engagement, responsibilities, and benefits while ensuring compliance with both Belgian corporate law and employment legislation. It should be used when a company wishes to formalize a director's position with executive responsibilities, typically including detailed provisions for remuneration, benefits, duties, and termination conditions. The contract addresses specific Belgian legal requirements, including social security implications, corporate governance standards, and employment protections. It's particularly important for ensuring proper documentation of the dual status of the director and protecting both the company's and director's interests in accordance with Belgian legal framework.
Suggested Sections

1. Parties: Identification of the company and the director, including full legal names, addresses, and registration details

2. Background: Context of the appointment, including board resolution reference and any relevant corporate approvals

3. Definitions: Key terms used throughout the agreement, including specific Belgian legal terminology

4. Appointment and Term: Details of the director position, term of appointment, and any renewal provisions

5. Duties and Responsibilities: Comprehensive outline of director's duties, both as a corporate officer and executive duties if applicable

6. Time Commitment: Expected working hours, availability, and time allocation requirements

7. Place of Work: Primary workplace location and any mobility requirements

8. Remuneration: Base salary, bonuses, and other financial benefits, including payment terms and review mechanisms

9. Benefits: Standard benefits package including healthcare, pension, and insurance provisions

10. Expenses: Policy on reimbursement of business expenses

11. Vacation and Leave: Annual leave entitlement and other leave provisions as per Belgian law

12. Confidentiality: Obligations regarding company confidential information and trade secrets

13. Intellectual Property: Assignment of IP rights and related obligations

14. Data Protection: GDPR compliance and personal data processing provisions

15. Termination: Grounds and procedures for contract termination, notice periods, and consequences

16. Post-Termination Obligations: Continuing duties and restrictions after contract end

17. Governing Law: Confirmation of Belgian law governance and jurisdiction

18. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Non-Competition: Post-employment competition restrictions, used when protecting business interests is crucial

2. Non-Solicitation: Restrictions on soliciting employees or clients, used when protecting business relationships is important

3. Corporate Governance: Additional corporate governance requirements, particularly relevant for listed companies

4. Stock Options: Share option schemes or equity participation arrangements, used when offering equity-based compensation

5. International Travel: Specific provisions for international duties and travel, used for multinational companies

6. Language: Language requirements and official translation provisions, used in multilingual contexts

7. Secondment: Terms for potential secondment to other group companies, used in corporate groups

8. Sign-On Bonus: One-time payment provisions for joining, used in competitive recruitment situations

9. Training and Development: Specific provisions for professional development, used when emphasizing growth and training

10. Company Car: Vehicle provision and related terms, used when offering company car benefits

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting lines

2. Schedule 2 - Remuneration Package: Detailed breakdown of all compensation elements and calculation methods

3. Schedule 3 - Benefits Package: Comprehensive list and details of all benefits provided

4. Schedule 4 - Company Policies: Key company policies applicable to the director

5. Schedule 5 - Performance Metrics: Specific KPIs and performance evaluation criteria

6. Appendix A - Board Resolution: Copy of board resolution appointing the director

7. Appendix B - Company Car Policy: Detailed terms for company vehicle use if applicable

8. Appendix C - Expense Policy: Detailed guidelines for business expense claims and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Retail

Energy

Telecommunications

Real Estate

Construction

Transportation

Media and Entertainment

Education

Pharmaceuticals

Consumer Goods

Automotive

Agriculture

Mining

Insurance

Hospitality

Relevant Teams

Legal

Human Resources

Corporate Governance

Board Secretariat

Executive Office

Compliance

Finance

Risk Management

Corporate Affairs

Company Secretariat

Relevant Roles

Executive Director

Managing Director

Finance Director

Operations Director

Commercial Director

Technical Director

Sales Director

Marketing Director

HR Director

IT Director

Regional Director

Country Director

Division Director

Strategy Director

Development Director

Legal Director

Research Director

Creative Director

Production Director

Innovation Director

Industries
Belgian Companies and Associations Code (BCAC): The primary legislation governing corporate structures and director responsibilities in Belgium, including appointment procedures, powers, and duties of directors
Employment Contracts Act of 3 July 1978: Fundamental Belgian employment law governing employment relationships, including contract terms, termination provisions, and basic employee rights
Belgian Corporate Governance Code 2020: Sets out principles and guidelines for good corporate governance, including director responsibilities and recommended practices for listed companies
Act of 26 June 2002 on Protection of Employee Remuneration: Regulates payment of wages, protection of remuneration, and benefits requirements
Belgian Social Security Legislation: Determines social security contributions and benefits applicable to directors, including specific provisions for executive directors
Act of 4 August 1996 on Well-being of Workers: Covers health and safety obligations, working conditions, and workplace well-being requirements
Belgian Income Tax Code: Governs taxation of director remuneration, benefits, and stock options, including specific provisions for director status
Collective Bargaining Agreement No. 109: Regarding the motivation of dismissal, which may apply to directors who also have employee status
Act of 10 May 2007 on Anti-Discrimination: Ensures protection against discrimination in employment relationships, including at director level
General Data Protection Regulation (GDPR): European regulation governing personal data processing and privacy rights, relevant for handling director's personal information
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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