Being a manager is something everyone dreams about. Running a company is a huge professional challenge that requires skills, experience, and ambition. It is a prestigious position that attracts many people. Whether by their knowledge, experience, or the tasks and responsibilities they are entrusted with, managers are key figures in the life of a company, and the law is a testament to this. In fact, according to Article 208 of the Labour Code, ‘a managerial employee is the head of the employer and other employees under his direct authority and entitled to replace him, in whole or in part (hereinafter referred to collectively as 'manager').’ This definition is important because not all managers are executives, and this distinction may be important in terms of rights and obligations in the future (for example, the text of the Act provides that an employment contract may provide for the application of the provisions relating to a manager if the employee holds a position of major importance or a position of high trust for the employer's operations and his basic salary is seven times the statutory minimum wage).

One of the primary responsibilities of managers is to create and maintain business effectiveness and efficiency. This is coupled with a further expectation placed on them: they are the ones who must inspire staff to pursue collective values and aspirations. Engagement is one of the most important factors in the functioning of an organisation. Statistics show that loyal and motivated employees are 87% less likely to quit. Not to mention that motivated people are constantly looking for opportunities, striving to do their jobs even better, which results in them working 20% better than less motivated colleagues.

There are many advantages to being offered a management contract, but there are also disadvantages, so it is by no means certain that everyone will be equally happy with the opportunity: your company will choose which one you want to be a manager for - but there are still some important points to consider before you take on a managerial role.

The benefits are easy to see at first glance: managers can expect higher than average pay and a more generous benefits package (as we have seen, as set out in the Labour Code). They have more influence on the organisation and the life of the company, and can better implement their vision and vision. They can also select those directly below them in the hierarchy and have more room for professional and personal development and fulfillment. As a consequence, managers' performance is generally more highly regarded than that of other employees.

Some of the disadvantages are also obvious. It is almost proverbially true that leadership is a stressful job: building a team that hits the ground running while achieving business goals and maintaining high standards and expectations. Meanwhile, you have to contend with the games of internal politics - even international politics in the case of a multinational. This corporate "battle of thrones" consumes a lot of time and energy, and there is not always a peer at the same hierarchical level with whom to share problems and problems and offer good advice. The loneliness and the oppressive responsibilities put almost constant pressure on the manager's shoulders, as the number of conflicts can be much higher than for the average employee.

So let's take a look at what it means to be an employee and a manager at the same time!

Who qualifies as a managerial employee?

The Labour Code clearly defines who qualifies as a managerial employee, and we have quoted the most important legislation at the beginning of this article. It is important to underline that the provisions on managerial employees apply to the manager if he or she is employed by the company, if not, but if he or she is working, for example, under a contract of agency, the provisions of the Civil Code apply.

For example, the managing director of a company the director of a public limited company, the economic director, and the financial director.

What are the differences in the rules applicable to managerial employees?

The contract of a managerial employee is different from that of other employees. There is much more room for manoeuvre, individual agreements can be made, and deviations from the legal requirements can be agreed upon. Not in all cases, of course.

You cannot deviate in the following cases:

-Exemptions from availability in these situations:

• during treatment associated with human reproductive procedures,
• during a medical examination,
• during breastfeeding at specified intervals,
• during the preparation period for adoption for the specified period,
• for personal or family reasons,
• to care for a relative or a person living in the same household who needs care.

-The employer may not terminate the employment if the employee:

• is pregnant,
• is on maternity leave,
• is on paternity leave,
• is on parental leave.

-A managerial employee, like other employees, is entitled to maternity, paternity, and parental leave, as well as unpaid child leave.

-The manager cannot be assigned to night work from the time the pregnancy is established until the child is three years old.

-Managers are also entitled to additional leave for children under 16 years of age.

This is different for the management employment contract:

• It is not covered by the collective agreement.
• It is not covered by the collective bargaining agreement.
• In the event of negligent damage, the driver bears full liability, subject to a limit.
• If the driver's employment is terminated unlawfully, he is entitled to 12 months' absence pay. This wording refers to cases where the employment of an employee in a managerial position in a company or organisation is terminated in breach of legislation or labour law or by unfair means, such as pressure.
• In cases where the employer terminates the management contract, it does not have to give reasons for its decision. If it does, the employee can challenge the reasons in court.
• In the case of termination with immediate effect, the reason must have occurred within three years, and in the case of criminal offences, such termination may be effected before the statute of limitations for criminal liability has expired.
• The manager is also subject to conflict of interest rules: for example, he or she may not establish a new legal relationship with the company, acquire shares in an entity that carries out similar or identical activities to those of the employer, or is a partner in one.
• If the employer terminates the management contract, it does not have to give reasons for its decision. If it does, the employee can challenge the reasons in court.
• In the case of termination with immediate effect, the reason must have occurred within three years, and in the case of criminal offences, such termination may be effected before the statute of limitations for criminal liability has expired.
• The manager is also subject to conflict of interest rules: for example, he or she may not establish a new legal relationship with the company, acquire shares in an entity that carries out similar or identical activities to those of the employer, or is a partner in one.
• They may not enter into a transaction of which they are the beneficiary and which falls within the scope of the employer's activities.
• An employee in a managerial position must declare if he/she enters into a legal relationship with an enterprise that carries on an activity similar or identical to that of the employer or is in partnership with it, or if a relative does the same.

When do these rules apply to other employees?

The Labour Code states that the laws applicable to employees in managerial positions may also apply to other employees in addition to managers and deputy managers, provided that the following three conditions are met:

• the employment contract provides that the provisions applicable to managers apply,
• the employee's role is of a high level of importance and is of a confidential nature,
• and the basic salary is at least seven times the statutory statutory minimum wage.

Interim manager for transitional situations

There may be situations where a manager needs to be replaced temporarily or there is a manager/professional shortage. The appointment of an interim manager is a modern way of dealing with temporary middle and senior management shortages. Interim managers are highly skilled, experienced people who are available to give their best for a specific period or until a specific objective is met.

Interim managers may be needed when, for example, a company is about to undergo some kind of development (growth, investment, generational change), there is a shortage of experts, a crisis, a project management issue, or a resource shortage.

In these cases, it is more practical to opt for an interim solution rather than a fixed-term contract for important jobs, such as management or expertise. They are not employed by the company, which makes cooperation much simpler, with fewer obligations and less administration for the company. The fact that interim professionals can be on the job within a few days is also a huge advantage so that work does not stop for a single minute despite a lack of resources.

Interim Ltd. will assess the company's situation and needs and propose the best possible solution in a free consultation. If you're not sure whether hiring an interim manager is the best option, if you're considering other alternatives, contact us and we'll help!