Managing Director

Occupational Pensions: Principle of equal treatment does not apply to pension commitments for managing directors

By Georg Haberkorn / 13 January 2021 13 January 2021 / Benefits, Equal Treatment, Managing Director, Pension

By judgment of 25 November 2020 (docket number: 7 U 1297/20) the Munich Higher Regional Court [Oberlandesgericht München] has ruled that a managing director of a limited liability company [GmbH] cannot invoke the principle of equal treatment under labour law [arbeitsrechtlicher Gleichbehandlungsgrundsatz] if other managing directors have received a better pension commitment. The principle of …

Occupational Pensions: Principle of equal treatment does not apply to pension commitments for managing directors Read More »

Post-contractual non-compete obligation must not cover all activities for a competitor

By Till Basfeld / 20 March 2019 11 June 2019 / Managing Director, Post-contractual non-compete

In an indicative ruling dated August 02, 2018, the Higher Regional Court Munich (docket number 7 U 2107/18) has found that a post-contractual restraint which prohibited a managing director from working for a competitor in any way was invalid due to the lack of legitimate interests of the company. The managing director was therefore able …

Post-contractual non-compete obligation must not cover all activities for a competitor Read More »

Compensation (severance pay) of director’s pension benefits

By Georg Haberkorn / 16 January 2018 11 June 2019 / Benefits, Managing Director, Pension

By judgment of 23.05.2017 (II ZR 6/16) the Federal Supreme Court (Bundesgerichtshof) has ruled that the prohibition against compensating for pension benefits according to Section 3 German Occupational Pension Act (Betriebsrentengesetz) may be derogated from by mutual consent and, as a result, ongoing pension benefits of a director can be paid out (severance pay). In …

Compensation (severance pay) of director’s pension benefits Read More »

Competencies of Labour Courts for Managing Director Service Contracts

By Volker von Alvensleben / 7 December 2017 11 June 2019 / Managing Director

The regional labour court of Cologne held in an order of 6 October 2017 (docket number 9 Ta 151/17) that the labour court is not competent to hear claims of managing directors, if there are no special circumstances that account for an employment relationship being established. The parties concluded a managing director service contract on …

Competencies of Labour Courts for Managing Director Service Contracts Read More »

Employment Germany

Managing Director