The Director Employment Agreement is a fundamental document required when appointing executive or non-executive directors to a company's board in India. It serves as a legally binding contract that outlines the relationship between the company and the director, ensuring compliance with the Companies Act 2013, SEBI regulations (for listed companies), and other relevant Indian legislation. This agreement is essential for protecting both the company's and director's interests by clearly defining roles, responsibilities, compensation, performance expectations, and termination conditions. It should be customized based on factors such as the company's size, industry sector, listed/unlisted status, and specific requirements of the director's role while maintaining compliance with statutory requirements.
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1. Parties: Identification of the company and the director, including their respective addresses and registration details
2. Background: Context of the appointment, board resolution reference, and any relevant company background
3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', 'Cause', etc.
4. Appointment and Term: Details of the director's role, designation, and duration of appointment
5. Duties and Responsibilities: Comprehensive list of director's duties, both statutory and additional responsibilities
6. Remuneration and Benefits: Base salary, bonuses, stock options, and other benefits including expense reimbursement
7. Working Hours and Location: Expected time commitment, work location, and travel requirements
8. Confidentiality: Protection of company's confidential information and trade secrets
9. Intellectual Property: Ownership and rights over IP created during employment
10. Non-Competition and Non-Solicitation: Restrictions during and after employment
11. Termination: Grounds for termination, notice periods, and consequences
12. Post-Termination Obligations: Continuing obligations after employment ends
13. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution
14. General Provisions: Standard clauses including notices, amendments, severability, etc.
1. Board Committee Participation: Required for directors expected to serve on specific board committees
2. International Travel: For directors with multinational responsibilities
3. Stock Ownership Requirements: For listed companies with minimum shareholding requirements
4. Performance Metrics: Detailed KPIs and performance evaluation criteria
5. Subsidiary Board Positions: For directors serving on boards of subsidiary companies
6. Related Party Transactions: For directors with existing business relationships with the company
7. Insurance and Indemnification: Detailed D&O insurance coverage and indemnification terms
8. Compliance with Corporate Governance: For listed companies subject to additional regulatory requirements
1. Schedule 1 - Remuneration Structure: Detailed breakdown of salary components, bonuses, and benefits
2. Schedule 2 - Stock Option Details: Terms and conditions of any equity-based compensation
3. Schedule 3 - Job Description: Detailed role responsibilities and reporting relationships
4. Schedule 4 - Company Policies: List of applicable company policies and procedures
5. Schedule 5 - Performance Criteria: Detailed performance evaluation metrics and targets
6. Appendix A - Board Resolution: Copy of board resolution approving the appointment
7. Appendix B - Statutory Declarations: Required declarations under Companies Act 2013
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Information Technology
Manufacturing
Healthcare
Retail
Real Estate
Telecommunications
Energy & Utilities
Professional Services
Media & Entertainment
Education
Pharmaceuticals
Construction
Logistics & Transportation
Consumer Goods
Relevant Teams
Legal
Human Resources
Company Secretarial
Board of Directors
Executive Leadership
Compliance
Corporate Governance
Finance
Risk Management
Relevant Roles
Executive Director
Managing Director
Independent Director
Non-Executive Director
Whole-Time Director
Finance Director
Technical Director
Operations Director
Commercial Director
Strategy Director
Regional Director
Resident Director
Nominee Director
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