According to the Supreme Court, a member of the board of directors and the company may agree that their relationship governed by an executive service agreement or a management contract concluded concurrently will continue with amended content even after the board member is recalled. If the parties so agree, the relationship under the executive service agreement or management contract can to a certain extent "survive" the termination of the board member's office. An agreement can be reached (even by a mere reference to the general application of the Labour Code to the given relationship) that a member of the board of directors will be treated similarly after their recall as when a manager is recalled under the Labour Code, i.e. that after the recall the company will offer the (former) member of the board of directors a different job, and if it does not do so (or if he or she refuses it), the company will terminate the relationship by notice and will provide the (former) member of the board of directors with payment corresponding to the remuneration for his or her office.

(NS 27 Cdo 2837/2020 of 22 September 2021)