The Director's Contract of Employment is a specialized employment agreement used when appointing directors to Irish companies, whether they are executive or non-executive directors. This document is essential for establishing clear terms of engagement, protecting both the company's and director's interests, and ensuring compliance with Irish company law and employment legislation. It typically becomes necessary when appointing new directors, promoting existing employees to director positions, or updating terms for current directors. The contract addresses the dual nature of a director's role - as both an employee and a company officer - and includes specific provisions required under the Companies Act 2014, employment law, and corporate governance requirements. It's particularly important for documenting remuneration packages, performance expectations, fiduciary duties, and post-termination obligations.
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1. Parties: Identifies the company and the director entering into the agreement
2. Background: Context of the appointment and any relevant company information
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Details of the director position, effective date, and duration of appointment
5. Duties and Responsibilities: Core responsibilities as both a director and employee, including statutory duties under Companies Act 2014
6. Time Commitment: Expected working hours and time dedication to the role
7. Place of Work: Primary location and travel requirements
8. Remuneration: Salary, bonuses, and review mechanisms
9. Benefits: Standard benefits package including pension, health insurance, etc.
10. Expenses: Policy on reimbursement of business expenses
11. Holidays and Leave: Annual leave entitlement and other leave provisions
12. Confidentiality: Obligations regarding company confidential information
13. Intellectual Property: Ownership and rights to work created during directorship
14. Data Protection: Compliance with GDPR and data protection obligations
15. Termination: Circumstances and process for ending the agreement
16. Post-Termination Restrictions: Non-compete and other restrictive covenants
17. Company Policies: Compliance with company policies and procedures
18. Governing Law: Specification of Irish law as governing law
1. Share Options: Include when the director is offered company shares or share options
2. Multiple Directorships: Include when the director holds or may hold directorships in other companies
3. Group Company Provisions: Include when the director has responsibilities across a group structure
4. International Travel: Include when role requires significant international travel
5. Regulatory Compliance: Include for regulated industries (e.g., financial services, healthcare)
6. Garden Leave: Include if company wants right to place director on garden leave
7. Change of Control: Include provisions relating to company sale or merger
8. Performance Targets: Include when remuneration is linked to specific performance criteria
1. Schedule 1 - Duties and Responsibilities: Detailed list of specific duties and responsibilities
2. Schedule 2 - Remuneration Details: Detailed breakdown of salary, bonuses, and benefits
3. Schedule 3 - Share Option Scheme: Details of any share option arrangements
4. Schedule 4 - Restricted Activities: Detailed list of post-termination restrictions
5. Schedule 5 - Company Policies: List of applicable company policies
6. Appendix A - Board Resolution: Copy of board resolution approving the appointment
7. Appendix B - Job Description: Detailed description of the role and responsibilities
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