In the Netherlands, the concepts of ‘director’ (bestuurder) and ‘director under the articles of association’ (statutair bestuurder) are used to refer to persons officially appointed to manage and represent a legal entity (private or public limited company, foundation, association, etc.). Under Dutch labour law, however, a director under the articles of association occupies a special position. In many cases they will have an employment contract with the legal entity, but this is not necessarily so.
They may also have a contract of engagement or purely a legal relationship under the law of legal entities. In the event of dismissal, such a director consequently enjoys considerably less protection than other employees. The nature of his or her responsibilities and liabilities also differs. When drawing up an employment agreement or contract of engagement, it is therefore crucial to make proper provisions for these aspects. Our team would be happy to advise you.