Lawyers specializing in Senior Managers

The importance of the advice of a specialist lawyer in the relations of Senior Managers, Managers in common labor regime and Directors

Whether we are dealing with a Senior Manager, a Manager in a common employment regime, or a administrator or member of the Advice, you will know in advance the many doubts that arise throughout the entire professional relationship, from the moment the contract negotiation begins until the final separation.

Thus, the questions that arise in relation to the contract that unites you professionally, either as a Senior Manager or in any of its different modalities, not only occur at the moment of your signature, but will be constant throughout the existence of the professional relationship and in many cases, at the end of it, when some of its clauses may take effect.

The importance of being accompanied by a specialist lawyer

Due to the importance in the business world of Managers in general and Senior Managers in particular for the smooth running of the business and with a view to achieving the objectives of the companies, the legislator has left a wide margin of action to the will of the parties (Management and Company) when regulating their working conditions, in order to combine the interests of both and allow the relationship that maintains them is carried out under suitable terms for them.

However, despite the margin left to the will of the parties, we must be clear that depending on the type of Director we are dealing with there will be regulations Minimum legal application that must be respected in some cases and in others it will be applicable in the event that the parties have not stipulated it in their contract.

As a simple example, a Senior Manager has the ability to stipulate the compensation formula in his contract by mutual agreement with the Company, but if he does not does so, in the event of withdrawal by the employer, the Senior Manager will only be entitled to compensation equivalent to seven days of salary in cash per year of service with a limit of six monthly payments.

Therefore, the Lawyers specialized in Senior Managers will help you identify the type of Manager we are facing, explain your rights and obligations and based on these points, accompany you and advise you in a Professional in the preparation and application of the contract and its clauses, as well as at the time of termination.

A lawyer will help you take advantage of the lack of regulation in our legal system in order to cover your interests in a professional, legal manner and with full knowledge , in order to avoid any type of present and future uncertainty and/or resolve possible conflicts that may arise throughout the employment relationship.

A lack of foresight on the part of the Company or the Manager himself in this matter, both at the beginning of the relationship and during its existence and at the end of it, can suppose important economic losses and rights for both parties. Professional advice will make the difference.

When do we need the assistance of a lawyer?

Due to the special complexity of this type of relationship, having us accompanied by a lawyer specialized in the matter provides a dose of tranquility necessary in positions of this category.

We must take into account that these needs do not arise only at an initial moment, since throughout the entire professional relationship different situations may arise in which this becomes especially important. advice.

Here is a brief overview of the needs that arise in each phase:

Initial moment – Negotiation and signing of the contract

Without a doubt, this is an essential and key moment for the correct development of the Senior Manager’s relationship, since what is not included in the contract does not exist. Appropriate advice at this time will avoid future surprises and will preserve the interests of the parties (Management and Company) intact throughout the entire relationship without prejudice to the fact that it may be impaired by various factors.

Some of the points to take into account in this first stage are the following:

• Negotiation of the contract clauses.
• Drafting of the contract.
• Drafting and negotiation of powers and functions.

Intermediate moment – During the development of the professional relationship

Because the life of a company is dynamic and changes over time, the position of the Senior Manager or Manager will not always be the same, but will varying in attention to the events that may occur. Likewise, advice from a lawyer during these milestones is essential to maintain the value position within the Company.

Some of the points to keep in mind during this stage are the following:

• Interpretation and application of clauses (eg vacations, social benefits, etc).
• Buying and selling situations of companies in which the Manager may be involved.
• Changes in roles and functions in the Company.

Final moment – Termination of the professional relationship

This is the most complicated and delicate moment, where the action of a specialized lawyer is most necessary. Either because the Senior Manager wants to resign from his position or because the Company decides to dispense with it, it is absolutely necessary to act in a skillful and agile manner, as well as to do so through strategic advice whose sole purpose must be to achieve the objectives set. , protecting the interests.

Some of the milestones to keep in mind during this stage are the following:

• Indemnities and shields.
• Compliance with notices.
• Application of clauses that come into force at the end of the relationship (eg post-contractual non-competition).