These clauses of an employment contract are not necessarily sufficient to demonstrate the effectiveness of an employment relationship, since sub-euségénéity is not the only criterion of the employment contract. Moreover, an employment contract as such is not confirmed solely by the will of the parties, either by the designation of their agreement or by the conditions under which they describe it. For example, the employer`s right of instruction or sanction meets the subordination test, whether or not the employer exercises that power. The reality of the employment relationship depends on the actual circumstances in which the work is performed. Other rights and obligations between the company and its managing director are defined in an agreement between the parties. Even if the Employment Contracts Act is not applicable to managers, such laws can of course be incorporated into the employment contract by reference. The service contract could, for example, provide that the manager`s leave entitlements are calculated in accordance with the Annual Leave Act. The board of directors decides, on behalf of the company, on the contractual conditions and negotiates them with the manager. However, the manager`s contract is not legally an employment contract. For this reason, the manager may be removed from office without notice, unless notice has been agreed separately.
The Management Board may dismiss the Managing Director at any time without any particular reason. If the termination is carried out in accordance with the provisions of the manager`s contract, the manager cannot refer to a provision or law to improve his situation. Therefore, clauses relating to remuneration in the event of termination and more precise provisions concerning the termination of the contract are usually included in a manager`s contract. Participations If the employee holds a significant share of the shares of a limited liability company, it may be more difficult to provide decisive evidence of an employment relationship. An employee holding 22.4% of the company`s shares would not be considered a worker, especially if he or she were the sole manager. The sale of the shares and the taking of a Category B manager order a few days before the signing of an employment contract would not be an acceptable solution and would not prove that the alleged employment relationship was genuine. (16) In Finland, it is customary that, at the end of the Agreement on Directors, the Managing Director immediately ceases to take up his duties and that he may be an adviser for a certain period of time and provide information to his successor or to the Board of Directors. If the manager remains unemployed at the end of the employment contract, he is entitled to unemployment benefit calculated on the basis of his previous salary, provided that he is a party to the unemployment benefit company. For more information, see Manager Service Contracts. The manager`s agreement also provides for the restrictions imposed by the manager in favour of the company.
These are the fall in competition and the non-limitation vis-à-vis the company`s customers and employees, confidentiality, intangible property rights and the contractual damage related to the violation of these obligations. I will comment in detail on some of these restrictive covenants below, as they are the most common causes of disagreements and disputes. The managing director of a limited liability company is a management body of the company in the same way as the board of directors of the company and the general meeting of shareholders [18.104.22.168 Management agreement]. . . .