ENGELBRECHT Rechtsanwalts GmbH
Annagasse 3, A-1010 Wien
© 2026 Engelbrecht Arbeitsrecht
The employment contracts of executives (manager service contracts) sometimes require special rules, either because of legal requirements with regard to the activities of board members and other managers (such as the special liability standards that govern managing and supervisory bodies), or due to special regulatory needs. In this context, coupling clauses, change of control clauses and the drafting of contracts for group secondments should be mentioned.
When designing compensation, special features must also be taken into account, which are included in variable compensation models (bonus systems, “incentives”), for example in guidelines or contract documents for granting stock options or fringe benefits, and in Operating pensionAgreements must be implemented.
The careful preparation of contract clauses in manager service contracts and the Accompaniment of managers The contract negotiations and their successful conclusion are particularly important to us.
When drafting contracts for female managers, in particular among board members and managing directors, we take into account an increasing interest in special contract clauses on pregnancy and maternity leave.
When exercising management functions, we offer executives quick and reliable, legally sound advice and support, for example when seriously assessing legal leeway taking into account the “business jugdement rule” or liability risks. So-called “soft law” is increasingly being introduced in the form of intra-company or group-internal or even externally created Compliance-Regulations (e.g. Code of Conduct, Corporate Governance Code) in focus.
However, we not only advise on the scope of “good governance” for managers, but also on preventing misconduct by employees and assist management with internal investigations in the event of a corresponding suspicion.
Executive service agreements often require specific provisions—whether due to legal requirements regarding the activities of board members and other managers, such as the special liability standards applicable to management and supervisory bodies, or because of specific regulatory needs. In this context, particular attention must be paid to coupling clauses, change-of-control clauses, and the contractual structuring of group secondments.
When structuring compensation, specific requirements must be taken into account and integrated into variable compensation models—such as bonus systems or incentives—for example, in policies or contractual documents regarding the granting of stock options or fringe benefits.
Along with variable compensation models such as bonus systems, stock options, or fringe benefits, company pension agreements are an area of executive compensation that requires special consideration.
When exercising management functions, we provide executives with advice and support in assessing the scope of their legal discretion—for instance, by taking the business judgment rule into account—as well as in evaluating liability risks.
When drafting contracts for female executives, particularly for board members and managing directors, we are seeing an increasing interest in specific clauses regarding pregnancy and maternity protection.
So-called "soft law," in the form of internal corporate or group-wide compliance regulations—such as codes of conduct or corporate governance codes—is increasingly coming into focus. We provide advice not only on the scope of action available to executives within the framework of "good governance," but also on the prevention of employee misconduct, and we support management during internal investigations should such suspicions arise.