Managing Director Contract Of Employment Template for Ireland

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Key Requirements PROMPT example:

Managing Director Contract Of Employment

"I need a Managing Director Contract of Employment under Irish law for a fintech startup, with strong IP protection clauses and provision for share options, planned to commence from March 1, 2025."

Document background
The Managing Director Contract Of Employment is a crucial document used when appointing senior executives to lead organizations in Ireland. It serves as a comprehensive agreement that defines the relationship between the company and its Managing Director, incorporating both standard employment provisions and specific executive-level terms. The contract must comply with Irish employment law, including the Companies Act 2014, Terms of Employment (Information) Acts 1994-2014, and related legislation. It typically includes detailed sections on corporate authority, strategic responsibilities, remuneration packages, performance expectations, and protection of company interests through confidentiality and post-termination restrictions. This document is essential for establishing clear governance structures and protecting both parties' interests in senior executive appointments.
Suggested Sections

1. Parties: Identification of the company and the Managing Director, including registered addresses

2. Background: Context of the appointment and any relevant corporate approvals

3. Definitions: Key terms used throughout the agreement including 'Board', 'Business', 'Confidential Information', etc.

4. Appointment and Term: Position details, commencement date, and term of appointment (if fixed)

5. Duties and Responsibilities: Detailed outline of Managing Director's duties, including statutory obligations under Companies Act 2014

6. Time Commitment and Exclusivity: Working hours, dedication requirements, and restrictions on other business activities

7. Place of Work: Primary work location and travel requirements

8. Remuneration: Base salary, review mechanisms, and payment arrangements

9. Benefits and Expenses: Additional benefits, pension, insurance, and expense reimbursement policies

10. Holidays and Leave: Annual leave entitlement and public holiday provisions

11. Illness and Sick Pay: Procedures for reporting illness and sick pay entitlements

12. Confidentiality: Obligations regarding confidential information during and after employment

13. Intellectual Property: Assignment of IP rights created during employment

14. Data Protection: Consent and obligations regarding personal data processing

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

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

17. Return of Company Property: Obligations upon termination to return company assets and information

18. Governing Law: Confirmation of Irish law as governing law

Optional Sections

1. Director's Indemnity: Provisions for company indemnification of the director, used when additional protection is required

2. Share Options: Details of any share option schemes, included when equity participation is offered

3. Performance Bonus: Structure and terms of performance-related bonuses, included when variable compensation is offered

4. International Travel: Specific provisions for international work, included when role requires significant overseas duties

5. Garden Leave: Provisions allowing the company to require the director to stay away from work during notice period

6. Corporate Governance: Additional governance requirements, included for listed companies or regulated sectors

7. Change of Control: Provisions dealing with company ownership changes, included when relevant to the role or compensation

Suggested Schedules

1. Schedule 1 - Duties and Responsibilities: Detailed list of specific duties and responsibilities of the Managing Director

2. Schedule 2 - Benefits Package: Comprehensive detail of all benefits, allowances, and perquisites

3. Schedule 3 - Bonus Scheme Rules: Detailed terms and conditions of any performance-related bonus schemes

4. Schedule 4 - Share Option Terms: Terms and conditions of any share option or equity participation schemes

5. Schedule 5 - Restrictive Covenants: Detailed post-termination restrictions including definitions of restricted territory and business

6. Appendix A - Board Resolution: Copy of board resolution approving the appointment

7. Appendix B - Company Policies: Key company policies applicable to the Managing Director role

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

Retail

Healthcare

Construction

Energy

Telecommunications

Transport and Logistics

Real Estate

Pharmaceuticals

Food and Beverage

Media and Entertainment

Education

Relevant Teams

Human Resources

Legal

Board of Directors

Executive Committee

Corporate Governance

Company Secretariat

Compensation and Benefits

Senior Leadership

Corporate Affairs

Risk and Compliance

Relevant Roles

Managing Director

Chief Executive Officer

Executive Director

General Manager

Country Manager

Regional Director

Division Director

Senior Executive Officer

Executive Vice President

Chief Operating Officer

Industries
Companies Act 2014: Primary legislation governing company directors' duties, responsibilities, and corporate governance requirements in Ireland. Includes provisions on directors' appointments, removals, and fiduciary duties.
Terms of Employment (Information) Acts 1994-2014: Requires employers to provide employees with written statements of their terms of employment, including specific requirements for contract contents.
Organisation of Working Time Act 1997: Regulates working hours, rest periods, and annual leave entitlements, though senior executives may have opt-out provisions.
Employment Equality Acts 1998-2015: Prohibits discrimination in employment on nine grounds and ensures equal treatment in the workplace.
Protected Disclosures Act 2014: Provides protection for whistleblowers and is particularly relevant for senior executives who may need to make protected disclosures.
General Data Protection Regulation (GDPR) and Data Protection Act 2018: Governs the processing and protection of personal data, including employee data and privacy rights.
Minimum Notice and Terms of Employment Acts 1973-2005: Specifies minimum notice periods for termination of employment, particularly relevant for senior positions.
Industrial Relations Acts 1946-2015: Provides framework for industrial relations and dispute resolution, though may have limited application for senior executives.
Safety, Health and Welfare at Work Act 2005: Sets out safety obligations and duties of employers and employees, including management responsibilities.
Unfair Dismissals Acts 1977-2015: Provides protection against unfair dismissal and outlines fair procedures for termination.
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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