Executive Employment Agreements and Disputes
The terms of employment of senior executives are largely governed by contract rather than statute. Managing directors and others in senior management positions are generally exempt from the Swedish Employment Protection Act. As a result, the agreement determines matters such as notice periods, severance pay, restrictive covenants and how disputes are resolved. A clear and well-considered agreement from the outset also makes a termination easier to handle if one becomes necessary.
We assist both companies and senior executives in drafting and negotiating CEO and executive service agreements. We also have experience of disputes that arise when a senior executive is dismissed or removed from office, both in negotiations and as counsel in arbitration and court proceedings. Because we work closely with corporate law and M&A, we understand how employment terms tie in with board matters, ownership structures and incentive programmes.
Feel free to contact us as soon as a new executive agreement is to be drafted or renegotiated. It is also worth getting in touch early if a termination may be on the horizon. The early stages often offer the best opportunity to reach a negotiated solution before the matter turns into a dispute.
We assist our clients with, among other things:
- Drafting, reviewing and negotiating CEO and executive service agreements
- Notice periods, severance pay and set-off
- Non-compete, non-solicitation and confidentiality clauses
- Bonus, pension and incentive programmes
- Termination and removal of CEOs and other senior executives
- Negotiation of settlement and severance agreements
- Disputes concerning employment terms, severance pay and restrictive covenants
- Counsel in arbitration and court proceedings
