Who is an executive

• top managers, who, even though they have major responsibilities within the company, are clearly subordinated to others. This person has to be regarded as an employee and cannot be regarded as a self-employed officer;
• CEOs, managing directors, members of executive committees, etc., in other words any person who, as an individual or as a member of one of the company’s managing bodies, has ultimate responsibility for (part of) the company’s day-to-day management; the relationship between that person and the company is legally determined by, inter alia, the rules that govern the office.
  An in-depth investigation, taking into account the relevant agreements and the gamut of facts and circumstances, can provide an answer to the question as to whether such persons can or have to be regarded as either employees or self-employed executives for the various tasks they perform;
• directors, who do not take part in the company’s day-to-day management but merely limit their involvement to performing duties as an officer on the board of directors, the body that, in principle, outlines the corporate strategy and supervises those who carry on the day-to-day management of the company.
  As regards company officers managing a company that is subject to Belgian corporation tax or non-resident income tax, there exists an irrebuttable legal presumption that they are self-employed for social security purposes, are appointed by the shareholders and can be revoked at any time and, in accordance with what is called the ad nutum principle, cannot benefit from any protection against dismissal. Today, sham self-employment is a frequent topic of debate. In this respect, it can be stated that a company officer such as a remunerated director operating under an employee status should be regarded as a sham employee.