What is a senior executive

definitionWhat is a senior executive?

According to the rules of the BetrVG, certain functions of employees are of central importance for operational practice. According to this, a manager is someone who regularly performs other tasks that are important for the existence and development of the company or a company. It must be entrepreneurial management tasks. These can be of an economic, commercial, technical, organizational, personal or scientific nature. The ability to do this requires special experience and knowledge, which can also be acquired through longer practical work.

The functions transferred to executive employees must be clearly different from those of normal salaried employment. Decisions must essentially be made free of instructions or have a significant influence on them. This necessary freedom is lacking when plans or guidelines are preprogrammed in such a way that the activity only has an executive character. The tasks may not have been assigned only temporarily, for example to represent.

Often it is not legally clear whether someone is a manager or not. In this case, the BetrVG helps (Section 5, Paragraph 4). Here is a list of who is considered a manager in case of doubt. However, this regulation is only intended as a guide.