Legal definition of the concept of executive officer:
The notion of executive is defined by Article L 3111-2 of the Labour Code, which requires the three elements:
1. A greater independence in organizing the timetable
2. An authorization to take decisions largely independently
3. remuneration being in the highest levels of pay systems practiced in the company or establishment.
These three criteria are cumulative and imply that the framework in question participates in the management of the company.
Not one senior officer who is contractually obliged to work overtime
When the employment contract provides that an employee may not refuse to perform overtime will be requested and that his work schedule is that in force in the company, the person did not quality executive officer.
The officer is excluded from the provisions of the Labour Code:
• hours of work,
• weekly rest,
• Solidarity Day.
This does not preclude more favorable contract terms or conventional (contractual document stating the responsibilities of exercise modalities)
The employment contract may lead to the exclusion of the quality of senior manager.
The reference in the contract to overtime and implementation of enterprise zones is antithetical to the qualification of senior manager.
The framework employee must therefore be careful when writing his employment contract, the stipulations inducing or not his capacity as senior manager.
Dismissal for serious misconduct a senior manager (reason for dismissal: insubordination)
Insubordination from a senior executive that expresses in a collective letter, his deliberate refusal to comply with the new management and offers his own appointment as president justified his dismissal for serious misconduct.