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Business Areas

Mette Klingsten Law Firm offers legal services in all aspects of Danish labour- and employment law and related areas of law. Our many years of advising private companies and institutions gives us  the knowledge and experience to provide specific services where a deep understanding of the law goes hand in hand with value-based, practical advice. Read more about our different business areas, below.

Recruitment

Recruitment processes

We assist companies in connection with setting up a business in Denmark and recruiting new employees. We assist, when setting the standards for employment terms- and conditions. We work closely together with an HR-consultant, who can assist companies with no or a small HR-department in Denmark with practical matters in connection with setting up.

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A well-organized process is decisive for the recruitment of qualified employees.

Our assistance in recruitment matters includes:

  • setting strategic goals for recruitment
  • drawing up employee profiles
  • working out plans for the entire recruitment process
  • formulating job advertisements
  • preparing the most suitable employment contract

We draw up companies’ HR legal documents and ensure that the company’s (global) contracts are compliant with applicable local legislation and trends in the market, and keep them up to date.

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We assist with the preparation of employment contracts and other HR legal documents.

We ensure that your HR legal documents are always kept updated and comply with the legislation in force.

Based on simple IT solutions (HR contract management tools), we offer a quarterly review of documents. We do this as part of our product “The External HR Department”. Please see more details below under “The external HR department”.

When the company does not have a large HR department, experience sharing and counselling may be required. We can assist on a temporary basis in connection with major projects in the HR-department or when the HR-department is lacking staff in connection with for instance maternity leave. We also cooperate with an external HR consultant, who can step in when needed and on location.

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We are the legal sparring partner to HR departments and are the enterprises’ extended arm in HR matters

Please download our brochure about the external HR department Download

Many small and medium-sized enterprises do not have a large HR department. Therefore, external legal resources may be required, which can assist the HR staff.

We assist with

  • preparation and updating of HR legal documents
  • ongoing counselling
  • updating in relation to legislation and practise
  • experience sharing with HR staff

We offer to review enterprises’ HR legal documents quarterly, as well as two yearly webinars or physical courses, and four yearly e-learning modules.

These services are also available under a subscription agreement.

Please see more details in the brochure.

The transfer of undertakings can cause major organisational changes – and in this context, uncertainty – about the legal position of employees. We have long experience in advising in connection with employees’ legal position in connection with transfer of businesses or parts of businesses, including outsourcing of for instance it, debt collection or facility management. We advise on among other things redundancies in connection with transfer of undertakings and buying activities out of businesses in distress.

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Our expertise covers:

  • advice on the employee’s legal position in case of business transfer, for example in connection with outsourcing from public and private employers to new suppliers
  • organisation of processes in connection with business transfer
  • assistance in negotiating contracts
  • counselling on other issues relating to the employee’s legal position in case of business transfer

Assistance in conflict resolution. We assist in legal proceedings in the ordinary courts, including the district courts, the High Court (Eastern and Western Division) and the Supreme Court. We have experience with cases in the Labour Court, the Disputes Board for Apprentices and the Board of Equal Treatment. We also deal with arbitration cases, when handling cases for clients and as appointed judge.

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We provide assistance in conflict resolution, including employment law court cases in the ordinary courts, labor law proceedings in the Labour Court, disputes settled by industrial arbitration or private arbitration and proceedings to the Arbitration Board.

In addition, we also undertake legal investigations, e.g. in connection with possible irregularities, misuse of funds, breach of anti-corruption regulations and harassment and the implementation of the relevant measures decided in consequence of the findings.

In Denmark, collective bargaining agreements play an important role in the relation between employers and employee. The collective bargaining agreements have a significant impact on employment conditions. Many areas are not regulated by legislation, but by collective bargaining agreements, such as for instance minimum pay and to a certain extent also work hours.

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The Danish model is part of the Nordic collective bargaining model used in the Scandinavian Countries.

The Danish model is characterized in that the framework for wages and employment conditions is very often created through bargaining between trade unions and employers’ associations.

We assist employers who are not members of an employers’ association, in relation to employment issues concerning the employer’s own employees, by drawing up staff policies and negotiating collective agreements.

Further, we assist employee organizations and pension funds when they have to act according to the Danish employment legislation in relation to their own employees. Please see below under “Employee organizations and pension funds in the role as employers”.

We advise on non-competition clauses and non-solicitation clauses in relation to enterprises’ requirements for imposing clauses on employees

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Our services include:

  • drawing up agreements containing non-solicitation and non-competition clauses, including assessment of existing clauses and the rules determining payment for and lapse of clauses
  • advice on the duty of fidelity
  • counselling on employees’ use of social media, LinkedIn and email, as well as the IT policy in relation to the employees
  • counselling on employees’ and enterprises’ duties under the Danish Marketing Practices Act in connection with change of employment and establishment of an enterprise
Variable Remuneration

Bonus and incentive programs

Preparation of and advice on bonus and incentive programs in collaboration with the company to establish criteria to help focus employees on the company’s key fields of action, and attract and retain skilled employees based on legal, financial and tax considerations.

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In collaboration with the company, we lay down criteria that encourage employees to concentrate on the companies’ most important focus areas, and that attract og retain well-qualified employees, based on legal, financial and fiscal considerations.

Pay packages are very often composed of a number of different components. The variation and complexity increase the need for counselling.

We offer:

  • preparation of bonus and incentive schemes
  • counselling in case of conclusion, renewal and termination of bonus and incentive schemes
  • advice on bonus schemes in the financial sector, including counselling on variable pay, identification of essential risks, etc.
  • drawing up of compliance programs in the financial sector, etc.
Cross-border employments

Work and residence permits

We assist in case of expatriation of employees and advise on work and residence permits for employees who are going to work in Denmark. We assist companies facing a fine or other sanctions in case of lack of sufficient work and residence permits.

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An increasing number of companies have employees and business around the world and thus need to manage employment contracts, tax and social security for employees seconded to subsidiaries abroad.

When employment relations are grossing borders, a number of questions may arise. In case of inpatriation and expatriation of employees, foreign legislation must be taken into account, which differs from the Danish laws.

We render assistance in connection with inpatriation and expatriation of employees, with due regard for social security and taxation. Our broad international network of attorneys can contribute the required knowledge, when a company’s employee is to be expatriated.

We advise on work and residence permits for employees who are to work in Denmark in connection with projects over a longer period.

 

Negotiation and drafting of contracts

Contracts for senior executives and executive directors

Negotiating and drafting of terms and conditions, when the company is about to hire senior executives and directors. We have long experience, when it comes to negotiating service agreements, short-term bonus agreements and long term incentives based on shares and stock options. We assist in connection with settlement of terms and conditions, when a discharge of senior executives and directors is needed. We assist in drafting severance agreements, hereunder taking the need for loyality obligations and communication during into consideration (hereunder with due consideration to stock exchange rules).

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We negotiate and prepare contracts for boards of directors and management, both when employment relations are to be commenced and terminated.

We prepare contracts for senior executives and members of the board of management (service contracts/CEO’s agreements) and negotiate the conditions in that respect.

On termination of an employment relation, we negotiate the resignation conditions with the management and senior executives and prepare the required documents.