Lea DreesBeendigung von Geschäftsführeranstellungsverträgen

About this book deutschenglish

The termination of managing director’s service agreement is often fraught with legal traps. Under company law, the so-called separation principle applies, which is why the dismissal of a managing director does not lead to the termination of the service agreement. Linking clauses are often included in managing director’s service agreements. This means that the termination of the managing director's service agreement is linked to the revocation of the position on the executive body. For a long time, linking clauses were predominantly regarded as permissible, but this has recently been called into question again for various reasons. The author deals with the question of the extent to which the contractual formulation of linking clauses is legally permissible. The research question is examined from various legal perspectives. In addition to the law on protection against termination, the perspective of labor and company law and the law on general terms and conditions are examined. The analysis provides guidelines for legally compliant structuring.