Senior Manager contract negotiation
As we have commented in other of our articles, one of the key moments in any managerial relationship occurs at the beginning of it, specifically with the signing of the contract of the Senior Manager and that on certain occasions, it is not given all the importance it should be.
No one escapes the fact that any type of employment contract requires a certain amount of trust between the parties, that is, the company and the worker.
Well, in the case of the Senior Management contracts, this existence of reciprocal trust between parties is much more important since it is one of the cornerstones of the relationship and which in turn goes to govern it.
This is determined by the Royal Decree that regulates this type of relationship in article 2, stating that:
“the special relationship of senior management personnel is based on the reciprocal trust of the parties, which will accommodate the exercise of their rights and obligations to the requirements of the good faith.”
Therefore, that special initial trust between two parties means that at first, on many occasions, not all the importance that should be given to the contract is given< /strong> and above all, to the negotiation of the same, when the rules that will govern the professional relationship from then on are being established.
Why negotiate a Senior Management contract?
We must take into account that we are not dealing with an ordinary labor relationship where the worker is considered the weak position, who in many cases is not in any capacity to negotiate, since that in case of not accepting what is offered, the company will go directly to the labor market in search of another worker with a similar profile.
However, the situation of a Senior Manager is different, as a general rule, both the company and the manager start from a very similar position.</p >
Both need each other and their profiles fit perfectly, so it is necessary that both parties are equally comfortable with the regulation that will govern their professional relationship.
Negotiate the Senior Management contract with knowledge, advised by a lawyer Senior Managers Specialist, according to the experience we have accumulated over the years, is seen as a positive aspect and strength by corporations. It denotes professionalism on the part of the manager in his work and self-confidence.
It must be taken into account that contract negotiation is the first moment where the company will be able to see how the Senior Manager develops in a professional matter</strong >, so simply accepting what one of the parties indicates will denote neglect in their duties.
Also, from a legal point of view, we must be aware that it is essential to negotiate the Senior Management contract. As we stated on previous occasions, the legislator has given the parties a large margin of action when it comes to regulating their working conditions.
Thus, the rights and obligations of the Senior Manager will be regulated mainly by what is agreed between them, always within the limits of the special regulations that are of application and subject to the requirements of good faith, which makes it essential that the aforementioned negotiation take place.
Note that when negotiating a Senior Management contract, it is essential to have the advice of expert lawyers with extensive knowledge in the matter, since otherwise there is a risk that there are aspects that remain unregulated or have not been taken into account.
How to negotiate a Senior Management contract?
When negotiating a Senior Management contract, we must be aware that they have a multitude of fringes and materials that may be subject to specific regulation, so a prior approach of all of them in advance of starting the negotiation.
Once the sphere of matters to be regulated in the contract is clear, it is essential to locate those that are of greater importance or weight for each Senior Manager, that is, set our objectives in the negotiation.
These “objective subjects” differ from one Senior Manager to another and can change throughout professional life, ranging from remuneration, through possible social benefits, to flexibility of the working day.
It is important to have located these matters in order to focus the objectives of the negotiation, being aware that in order to reach an intermediate point, we must give in to other types of precepts that we consider Less important from a personal point of view, but highly important to the company.
Fundamental aspects to take into account when negotiating and signing a Senior Management contract
Putting the negotiation down in writing
Within the Royal Decree 1382/1985, of August 1, which regulates the employment relationship of a special nature of Senior Management personnel, in its article 4, it is indicated that the contract of the Senior Manager must be formalized in writing and in duplicate copy, although it establishes that in the event that there is no written contract, the relationship will be considered to be Senior Management as long as it performs the functions of the Royal Decree
In short, the ultimate goal of the negotiation is to put in writing all those aspects that have been agreed upon.
Correct wording of clauses
As a continuation of the previous point, it is not only essential that the aspects negotiated are reflected and collected in writing, but that they are drafted correctly from a point of view legal, avoiding giving rise to subsequent confusion when interpreting said clauses when they deploy their effects.
Being advised by specialist lawyers makes the difference at this point, which will save you possible future costs in case of disputes between the parties.
The Senior Manager’s contract will be unique
The fact that there is no standard Senior Manager contract is relevant. This occurs since the legislator is aware of the importance of the same, so there cannot be two equal Senior Management contracts, since each of them will have its different peculiarities that make it unique.
In short, a Senior Management contract cannot be based on models or templates.
In order to summarize The negotiation of the Senior Manager’s contract, we must point out that it is an essential stage that no self-respecting Senior Manager can Skip it since it will be the legal basis that regulates your professional relationship with the company.
When negotiating the Senior Manager’s contract, it is absolutely essential to set clear objectives towards which the negotiation must be carried out in order for it to be a success. At the same time, pay special attention to the expression of what was agreed in the contract in writing, through a legally perfect wording that avoids future controversies.
Due to the difficulty of all the previously mentioned aspects, it is always advisable to seek advice from lawyers specialized in the matter in order to avoid undesirable situations.