A statutory director is dismissed by the general meeting of shareholders (AVA) or the Supervisory Board (RvC).
Often the director is also an employee of the company. In that case he has a ‘dual legal relationship’, a relationship under employment law and corporate law. The dismissal of the director under corporate law by the general meeting of shareholders or the Supervisory Board then also entails the dismissal under employment law.
Thus, all that is needed for the dismissal of the statutory director is a valid decision by the general meeting of shareholders or Supervisory Board. Make sure that all corporate law rules are complied with! If these rules are not complied with, the dismissal decision may be null and void or can be cancelled. In addition, there must be a reasonable ground for the dismissal. Otherwise, the director can claim a reasonable compensation.
Please note: If the director has been appointed within a group of companies as a statutory director of one company and has concluded an employment contract with another company, the aforementioned does not apply. In that event the dismissal under corporate law does not result in dismissal under employment law.
