Employment Law

It can be difficult for companies to stay up-to-date with changes in employment law as well as developments in legal practice. Companies often need advice in connection with terminations of employment, the drafting of contracts, the amendment of terms of employment, staff policies, negotiations etc.

The customary prerogatives of management are challenged when executive decisions need implementing in relation to staff. Consequently, employment law is often central to business operations.

In addition to the applicable legal guidelines, in the handling of staff-related challenges account must also be taken both of human aspects and of business-related factors and internal policies.

Our specialists have extensive experience in labour law and employment law, and they are happy to act as sounding boards and partners in connection with redundancies or dismissals, the amendment of terms of employment, negotiations etc. in difficult circumstances.

We offer legal advice to small and larger companies, and we work closely with management and HR officers to find flexible solutions and to ensure proper implementation of such solutions in accordance with the applicable rules.

OUR ADVICE INCLUDES

Absence due to Illness, Holiday and Leave

Employers must manage employees' absence. This applies, for example, in connection with holidays or illness and in connection with childbirth, and it is therefore an important issue for employers.

Amending Terms of Employment

Employers must manage the amendment of contracts of employment. All amendments – whether involving a change of salary, workplace, duties or working hours etc. – must comply with the applicable rules.

Anti-discrimination

Anti-discrimination is an area which is constantly changing. The rules cover issues such as gender equality, equal pay for equal work and equal treatment of men and women. In addition, there is increasing focus on the rules on direct and indirect discrimination.

Disputes

In connection with redundancies and summary dismissals, disagreements may arise about the financial implications of the termination of employment.

Employee Benefits

Employee benefits take many forms. As a company, it is important to ensure that the pay packages offered to employees take account of both employment law and tax law.

Employment Contracts for all Employee Groups

Employment law requires employers to enter into written contracts with virtually all employees. The contracts must set out all significant terms and conditions applicable to the contractual relationship.

Employment Law in Connection with Company Transfers

In connection with company transfers, mergers etc., a number of questions and challenges of a legal nature often arise in relation to the employees.

Executive Officers and other Senior Employees

The employment contracts of executive officers and senior employees often contain bonus options, share-based payments or other incentive schemes as well as certain restrictive covenants.

Incentive Schemes

Incentive pay is used increasingly as part of the remuneration paid to employees.

Non-solicitation and Competition Clauses

The employment contracts of executive officers and senior employees often include either a competition clause or a non-solicitation clause and sometimes both. To understand the consequences of using such clauses, you must have the necessary insight into the rules.

Personal Data Protection in an Employment Context

HR departments often find themselves in situations where the correct handling of personal data is crucial. The employees responsible must, for example, consider factors such as the processing of personal data, personal data policies and declarations of consent.

Protection of Trade Secrets and Intellectual Property Rights

Employees often gain insight into their employer's trade secrets, or help develop the employer's intellectual property rights. As an employer, it is important to know your rights and protect your assets as much as possible.

Special Types of Employment

Part-time employment, fixed-term employment, temporary work and postings abroad are special types of employment, where employers must be aware of the related pitfalls and potential problems.

Staff Policies and Staff Manuals

Under applicable employment law, employers must prepare policies in some areas, in addition to which it is often a good idea to lay down a company’s internal rules in a staff manual.

Terminations of Employment and Summary Dismissals

It is important for employers to handle both terminations of employment and summary dismissals correctly from the outset. If terminations of employment or summary dismissals are handled in the wrong way, it will often cause employers additional costs and may also damage their image.

Contact

Rasmus Gørup Christiansen

Partner, Attorney-at-Law (H)

D: +45 8734 7450

M: +45 4071 0545

E: rgc@tvc.dk

Mads Balle Christensen

Attorney-at-Law, CIPP/E

D: +45 8734 7564

M: +45 2250 2571

E: mac@tvc.dk