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Directors Service Agreement

Directors do not have to be employees of a company. Whether a director is an employee or not depends entirely on the nature of a director’s relationship with a company. A service agreement helps clarify key issues for all interested parties, including directors' responsibilities, as well as pay and benefits.

Whether or not a director is an employee, a service contract has benefits for both companies and directors. If a director is an employee, it is important that employment law, as well as company law, is complied with. A professionally drafted service contract will ensure that all applicable law is complied with. Amongst other things, a service contract should:

  • Deal with work hours and place of work
  • Deal with bonus or other reward scheme
  • State whether the director is an executive or non-executive director
  • State a director’s salary
  • Deal with confidentiality and intellectual property 
  • Deal with resignation and termination – including garden leave clause and restrictive covenants
  • Cover directors’ duties 
  • Sickness
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