The Managerial Agreement serves as a crucial legal document for establishing employment relationships at management level in Ireland. It is specifically designed for use when hiring or promoting individuals into management positions, ensuring compliance with Irish employment law while protecting both employer and employee interests. The agreement incorporates essential elements required by Irish legislation, including the Terms of Employment (Information) Acts 1994-2014, Employment Equality Acts 1998-2015, and Organisation of Working Time Act 1997. It provides comprehensive coverage of managerial duties, responsibilities, compensation structures, and performance expectations, while also addressing confidentiality, intellectual property rights, and post-employment obligations. This document is particularly important for establishing clear boundaries and expectations in senior roles where significant responsibility and authority are delegated to the manager.
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1. Parties: Identifies the employer company and the manager being employed, including their full legal names and addresses
2. Background: Briefly outlines the context of the agreement and the intention to employ the manager in the specified role
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Term: Details the position, start date, and whether the appointment is for a fixed term or permanent
5. Duties and Responsibilities: Outlines the manager's key responsibilities, reporting lines, and scope of authority
6. Place of Work: Specifies the primary workplace location and any flexibility or travel requirements
7. Hours of Work: Details working hours, flexibility requirements, and any on-call obligations
8. Remuneration: Specifies base salary, payment intervals, and review processes
9. Benefits: Lists all standard benefits including pension, health insurance, and other perks
10. Holiday Entitlement: Details annual leave allowance and rules for requesting/taking leave
11. Illness and Absence: Procedures for reporting absence and sick pay entitlement
12. Confidentiality: Obligations regarding company confidential information
13. Intellectual Property: Assignment of IP rights for work created during employment
14. Data Protection: Obligations under GDPR and consent for personal data processing
15. Termination: Notice periods and grounds for termination
16. Post-Termination Restrictions: Non-compete and non-solicitation clauses
17. Governing Law: Confirms Irish law governs the agreement
18. Entire Agreement: Standard boilerplate confirming this document represents the entire agreement
1. Probationary Period: Include when the role is subject to an initial probationary period
2. Commission Structure: Include for sales-focused management roles with commission-based compensation
3. Share Options: Include when the manager is offered company shares or share options
4. International Travel: Include when role requires significant international travel
5. Directors Duties: Include when the manager will also serve as a company director
6. Performance Bonus: Include when role includes performance-based bonuses
7. Garden Leave: Include for senior positions where garden leave might be required
8. Change of Control: Include for senior positions where company ownership changes might affect employment
1. Schedule 1 - Job Description: Detailed description of the role, responsibilities and KPIs
2. Schedule 2 - Compensation Structure: Detailed breakdown of salary, bonuses, and benefits
3. Schedule 3 - Company Policies: List of applicable company policies the manager must comply with
4. Schedule 4 - Restricted Activities: Detailed list of post-termination restrictions and non-compete obligations
5. Schedule 5 - Company Car Policy: Details of company car benefits if applicable
6. Appendix A - Data Protection Policy: Detailed data protection obligations and procedures
7. Appendix B - Expense Policy: Guidelines for expense claims and reimbursement procedures
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