Contrato de alta dirección (senior executive contract: CEO/CFO/COO)

Contrato de alta dirección (senior executive contract: CEO/CFO/COO) is filed with Empresa + Trabajador (relación laboral especial — RGSS). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €49 to €49. Official tasa (government fee): No tasa (official fee). Social Security contributions are payable on the amounts.

We draft the special employment contract for senior executives (RD 1382/1985). We set the role, duties and autonomy, the pay package (fixed salary plus variable plus bonus plus stock options plus benefits in kind), the probationary period (9 months maximum), the full-dedication covenant, the post-contractual non-compete with compensation (24 months maximum, art. 8), a retention covenant tied to training, a golden parachute on a change of control, the specific termination regime (withdrawal by the employer under art. 11.1: 3 months' notice plus 7 days per year of service, capped at 6 months' salary; unfair dismissal: 20 days per year, capped at 12 months' salary), confidentiality, and intellectual and industrial property. We also flag the doctrina del vínculo (the 'link doctrine', Supreme Court judgment of 26/2/2018) where the executive is also an executive board member.

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Estimated total cost: €49 to €49
Managora's fee: €59.29 (21% VAT incl.)
Tasa (official government fee): No tasa (official fee). Social Security contributions are payable on the amounts. (suplido: paid to the authority on your behalf, no VAT)
Processing time: Signed immediately. Registration with the Seguridad Social must be done before the first day of work.
Where it is filed: Empresa + Trabajador (relación laboral especial — RGSS) ↗
What you receive: Application

Cost breakdown: Our fee 49 €. No tasa: contributions to the Régimen General (general Social Security scheme) are then payable on the pay amounts agreed..

Contrato de alta dirección (senior executive contract: CEO/CFO/COO): how is it filed?

1Answer the questions in the chat (about 10 minutes).
2We check for the doctrina del vínculo if the executive is also a board member.
3We configure the pay package, the special covenants and the termination regime.
4Payment of 49 € for our advice.
5Sign the mandate from your mobile.
6We give you the contract ready to sign plus a legal report on rights, severance and the tax treatment.

Which documents do you need?

•DNI of the executive and of the company's representative.
•Board resolution appointing them as a senior executive.
•If there are stock options: the general plan approved by the general meeting.
•Schedule of targets for the variable pay or bonus.
•If there is exclusivity: a declaration by the executive that they have no prior commitments.
•If training is agreed: the training programme with its estimated cost.

Legal basis and things to bear in mind

Framework: RD 1382/1985, the 1st Additional Provision of the ET (Workers' Statute), art. 217 LSC and the Supreme Court judgment of 26/2/2018 on the doctrina del vínculo.
Concept: powers inherent in the legal ownership of the business, with autonomy and full responsibility (art. 1.2 RD 1382/1985).
The contract must be in writing (art. 4); otherwise it is deemed open-ended and full-time.
Probationary period: 9 months maximum (art. 5).
Working time: freely agreed, without being subject to the limits of the ET.
WITHDRAWAL BY THE EMPLOYER (art. 11.1): 3 months' notice plus 7 days per year of service, capped at 6 months' salary.
RESIGNATION (art. 10): 3 months' notice.
UNFAIR DISMISSAL (art. 11.2): 20 days per year of service, capped at 12 months' salary.
Post-contractual covenants (art. 8): non-compete of up to 24 months with compensation; retention covenant of up to 24 months where the company has paid for training.
Doctrina del vínculo: where someone is both a board member and a senior executive, the commercial relationship prevails (Supreme Court judgment of 26/2/2018) unless the duties are genuinely distinct and can be proven as such.
Tax: severance on WITHDRAWAL by the employer is NOT exempt from IRPF (it is not compensation for unfair dismissal). Compensation for unfair or objective dismissal is exempt up to 180.000 € a year (art. 7.e LIRPF).
Stock options: specific tax treatment under art. 14 LIRPF; under Ley 5/2023 (the startups act) there is an exemption of 50.000 € a year for a qualifying emerging company.
Natural connections: contrato_administrador_lsc, contrato_directivo_no_alta, transformacion_societaria.

Contrato de alta dirección (senior executive contract: CEO/CFO/COO): frequently asked questions

Contrato de alta dirección (senior executive contract: CEO/CFO/COO): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €49 to €49: Our fee 49 €. No tasa: contributions to the Régimen General (general Social Security scheme) are then payable on the pay amounts agreed.. Managora's fee is €59.29, 21% VAT included (€49.00 net + €10.29 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No tasa (official fee). Social Security contributions are payable on the amounts..

Contrato de alta dirección (senior executive contract: CEO/CFO/COO): how long does it take?

Signed immediately. Registration with the Seguridad Social must be done before the first day of work.

Contrato de alta dirección (senior executive contract: CEO/CFO/COO): which documents do I need?

You need to have to hand: DNI of the executive and of the company's representative., Board resolution appointing them as a senior executive., If there are stock options: the general plan approved by the general meeting., Schedule of targets for the variable pay or bonus., If there is exclusivity: a declaration by the executive that they have no prior commitments., If training is agreed: the training programme with its estimated cost.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Empresa + Trabajador (relación laboral especial — RGSS). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Empresa + Trabajador (relación laboral especial — RGSS) ↗.

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