Director Employment Agreement Template for Netherlands

The Director Employment Agreement is a crucial document for companies operating in the Netherlands when appointing statutory directors (bestuurders). This agreement is necessary to establish and regulate the dual relationship between the company and its directors: the corporate appointment governed by Dutch corporate law and the employment relationship governed by Dutch employment law. The document addresses key aspects such as appointment terms, remuneration, responsibilities, and termination provisions, while ensuring compliance with specific Dutch legal requirements including the Dutch Civil Code, Corporate Governance Code (where applicable), and relevant employment legislation. It's particularly important as directors in the Netherlands have a special legal position with specific rights and obligations that differ from regular employees.

1. Parties: Identification of the company and the director, including formal corporate details

2. Background: Context of the appointment, including corporate structure and role overview

3. Definitions: Key terms used throughout the agreement

4. Appointment and Position: Formal appointment as director, position within the company, and corporate duties

5. Term and Notice Period: Duration of appointment and notice requirements for termination

6. Duties and Responsibilities: Detailed description of role, responsibilities, and reporting lines

7. Time Commitment and Exclusivity: Working hours, location, and exclusivity requirements

8. Remuneration: Base salary, bonuses, and other financial benefits

9. Holiday and Leave: Vacation entitlement and other leave arrangements

10. Expenses: Policy on business expenses and reimbursement

11. Insurance and Indemnification: D&O insurance and company indemnification provisions

12. Confidentiality: Protection of company confidential information

13. Intellectual Property: Ownership and protection of IP created during directorship

14. Post-Termination Restrictions: Non-compete and non-solicitation clauses

15. Termination: Grounds for termination and consequences

16. Data Protection: GDPR compliance and personal data processing

17. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction

18. Miscellaneous: General provisions including severability and entire agreement