Summary:
The main objective of the present study is to highlight the problematic functional ancillary obligations of the employment contract of the executives in an uncertain legal framework, the global evaluation of the responsibilities and obligations with which the executive is associated and their consequences.
In particular, in the first part of the present study, a first outline of the main characteristics of the working status of the executive employees and the highlighting of the problems to which their lack of precise legal demarcation to date is attributed. At the same time, the usual choice of companies for the accumulation of more critical for the development of the company qualities in the person of the executives, such as that of the managing director, and the further problematic implication of this transactional habit, emerges.
The second chapter seeks to shed light on and analyze emerging issues relating to managerial obligations of fiduciary duty, confidentiality and non-compete, the fate of the usual contractual clauses and the post-contractual treatment of the contract under their implementation. At the same time, the fourth chapter examines the fate and emergence of problematic under commercial law obligations of trust and avoidance of competition in the person of executives and which are of major importance, as often the acceptance of their violation constitutes a reason for termination outside other relationships and contracts. which may link them to the legal entity of the company and its board of directors and the employment contract.
Finally, in the fifth chapter, the global approach of the main responsibilities of the executives is attempted and the relevant problems that arise from the improper performance of the tasks provided by their position and their decisive role in the business structure are attempted.
Keywords:
managers, non-compete obligation, post-contractual non-compete clauses, confidentiality clauses, liability of an executive
