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.

Personal Data and Data Processing

Data Protection

The General Data Protection Regulation (GDPR) entered into force on 25 May 2018, and from this point, the requirements and responsibilities for companies regarding the processing of personal data have grown in size and complexity. As the majority of companies process and pass on information about the company’s employees, including information on applicants and retired employees, it is crucial that companies self-evaluate and implement sufficient data protection measures.

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Mette Klingsten Law Firm has prepared a data protection package focused on a company’s processing of employee data. The data protection package consists of templates, checklists, policies, instructions, etc. that can be used from the recruitment phase and until the employment relationship has ended.

Additionally, Mette Klingsten Advokatfirma assists companies with ongoing advice regarding data protection, applying expert understanding and interpretation to new and complex matters.

Contact Mette Klingsten Law Firm for more information.

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 (including service contracts and CEO/CO 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.

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”.

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.

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

In recent years the number of cases of discrimination on grounds of particularly age and disability have increased. We advise on discrimination on the labour market with a view to preventing disputes.

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Discrimination on the labour market is in focus

The rules on discrimination on the labour market apply both during the advertising period, before and during the employment, and on termination of the employment relation. The rules are to a great extent regulated by Community Law, and the Court of Justice of the European Union makes regularly rulings on the interpretation of the rules.

We offer advice on discrimination on the labour market, with a view to preventing disputes, for example also during the planning of restructuring, dismissals and terminations.

We conduct cases before the Danish non-discrimination board and the ordinary courts in relation to all sorts of discrimination, for example discrimination due to age, handicap or sex, and discrimination due to maternity or parental leave or other forms of leave.

 

Read more about termination and dicrimination regarding disabled employes here: https://www.lexology.com/library/detail.aspx?g=027088da-adfa-4997-9741-3543ece85206

Company law

Company formation

We assist with formations of limited liability companies (IVS (Entrepreneurial company), ApS (private limited company), A/S (public limited company) and P/S (Limited partnership company). We assist both with regular formations of new companies (cash or non-cash contribution) or formations in connection with share exchange or conversion of an owner-managed company into a limited company.

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Preparation of formation documents and registration of companies

Our assistance includes:

  • Preparation of memorandum of association and articles of association
  • Review of valuation report if relevant
  • Registration of the company with the Danish Business Authority
  • Registration of obligations (VAT, import, export, employees etc.)
  • Registration of information in the Public Register of Shareholders
  • Preparation of register of shareholders
  • Opening of a bank account

 

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

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