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Incentive Agreement
"I need a Dutch law Incentive Agreement for our sales team that includes quarterly commission payments based on individual sales targets, with a clawback provision and maximum cap of 200% of base salary, to be implemented from January 2025."
1. Parties: Identification of the company and the beneficiary of the incentive scheme
2. Background: Context of the agreement, including the purpose of the incentive scheme and its relationship to employment
3. Definitions: Key terms used throughout the agreement, including specific performance metrics and calculation methods
4. Term and Duration: Period during which the incentive agreement is valid
5. Incentive Structure: Core mechanics of how the incentive is calculated and earned
6. Performance Criteria: Detailed description of the targets or metrics that must be achieved
7. Payment Terms: Timing and method of incentive payments
8. Conditions Precedent: Any conditions that must be met before incentives can be earned or paid
9. Clawback Provisions: Circumstances under which the company may reclaim paid incentives
10. Termination: Circumstances and consequences of early termination
11. Confidentiality: Obligations regarding confidential information
12. Data Protection: Provisions for handling personal data in compliance with GDPR
13. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction
14. Entire Agreement: Integration clause confirming this document as the complete agreement
1. Tax Treatment: Specific section on tax implications when the incentive structure has complex tax consequences
2. Share-Based Components: Required when incentives include stock options or share-based elements
3. Non-Competition: Additional restrictions on competitive activities, used for senior employees
4. Works Council Approval: Required when the scheme needs works council consultation or approval
5. Currency Conversion: Needed for international schemes with multiple currencies
6. Good/Bad Leaver Provisions: Detailed provisions for treatment of incentives upon different types of employment termination
7. Change of Control: Provisions for what happens to incentives in case of company ownership changes
8. Assignment: Rules about transferability of rights, particularly relevant for corporate restructuring
1. Performance Metrics Schedule: Detailed description of performance indicators and calculation methodologies
2. Payment Calculator: Formula and examples of how incentive amounts are calculated
3. Form of Acceptance: Template for participant's formal acceptance of the scheme
4. Related Agreements: List of other agreements that interact with this incentive scheme
5. Tax Examples: Illustrations of tax treatment in different scenarios
6. Participating Group Companies: List of group companies participating in the scheme, if applicable
7. Historical Performance Data: Baseline performance data used for target setting
8. Compliance Requirements: Detailed regulatory compliance requirements and procedures
Authors
Financial Services
Technology
Manufacturing
Professional Services
Retail
Healthcare
Energy
Telecommunications
Real Estate
Construction
Logistics
Consulting
Software
Pharmaceuticals
Human Resources
Legal
Finance
Sales
Business Development
Executive Leadership
Compensation & Benefits
Compliance
Operations
Management
Chief Executive Officer
Chief Financial Officer
Sales Director
Account Manager
Business Development Manager
Senior Executive
Department Head
Regional Manager
Sales Representative
Product Manager
Project Manager
Managing Director
Vice President
Country Manager
General Manager
Executive Director
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