The legal director holds a unique position thanks to their dual legal relationship, usually from a corporate law and an employment law perspective. The legal director is appointed by the general meeting of shareholders (or in some cases the supervisory board) by resolution. The legal director must accept that appointment.
Permission from the employee insurance agency (UWV) or the subdistrict court isn’t required for dismissal. The legal director can be suspended and dismissed at any time by resolution by the competent body, usually the general meeting of shareholders. The dismissal of a legal director is a very formalised process. The basic principle is that if procedural rules aren’t followed, a legally valid dismissal decision cannot be made. For example, the general meeting of shareholders must be convened according to the articles of association. Also, the legal director must be given the opportunity to speak, and all legal directors (and supervisory directors) must be given the opportunity to cast their advisory vote. As a rule, dismissal as a legal director also terminates the employment contract. That's why it's important to properly take the necessary steps for dismissal well in advance.
The specialists at L&A Advocaten advise and litigate on issues like the steps to be taken when a legal director is dismissed. They also advise and assist legal directors who are being dismissed.