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Employees’ legal position in connection with the transfer of undertakings

We offer council and guidance on employees’ legal position in connection with the transfer of undertakings

Our expertise covers areas including advising on employees’ legal position in the event of a business transfer, for example, assistance in connection with outsourcing and tendering from public and private employers to a new provider. We also focus on organizing processes related to business transfer and provide assistance in negotiating contracts. Additionally, we offer advice on other questions related to employees’ legal status in the event of a business transfer.

Other Business Areas

Board and management

Advice in regard to the relationship between the board and management, including the preparation of board contracts.
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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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Company formations

We assist in the establishment of capital companies  in the case of initial formations, changes in ownership interests or corporate transformations.
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Collective bargaining agreements and cooperation agreements

We provide assistance with collective labor law and collective agreements.
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Criminal cases in employment law

We assist companies that are in trouble with criminal provisions within, among others, the working environment law, holiday law, immigration law, whistleblower law, aviation law, and the data protection law/general data protection regulation.
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Corporate Immigration

We assist in instances of the expatriation of employees from Denmark as well as advising on work and residence permits for employees coming to Denmark in connection with an employment offer.
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Compensation & Benefits

We help companies with everything from remuneration of senior executives to updating and regulatory compliance of employee contracts, which is relevant in cases of organizational changes, changes in collective agreements, or when new legal requirements for employment arise.
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Contracts for senior executives and executive directors

We assist in connection with settlement of terms and conditions, when a discharge of senior executives and directors is needed.
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Danish Holiday Rules

We can assist with informing employees, providing surrounding documents, and advising on practicalities in connection with the change to the new Danish Holiday Act.
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Data protection

Expert legal and practical advice on navigating personal data law in a time of tighter legal regulation and intense public scrutiny.
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Discrimination on grounds of age, disability, race and religion etc.

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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Dispute resolution, court cases and arbitration disputes as well as matters dealt with at judicial boards

We advise employers and senior employees to prevent conflicts, but we also assist when a dispute has already arisen.
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Employee organisations and pension funds in the role as employers

We offer assistance in connection with individual terminations, major restructuring, negotiation and interpretation of collective agreements, as well as updating personnel legal documents.
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Employee taxation

The Danish taxation system can involve complexities for companies and employees, whether new or established. We can advise on understanding and managing such taxation, including in relation to employee benefits, and for persona taxed under Section 48E-F.
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Employees’ legal position in connection with the transfer of undertakings

We offer council and guidance on employees’ legal position in connection with the transfer of undertakings.
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Employment contracts and other legal documents

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

We provide advise on international employment of Danish companies.
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Individual and collective redundancies

We assist companies in unusual situations such as collective layoffs and other restructuring processes.
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Leave in connection with childbirth

When an employee exercises the right to take leave, the employer must be aware of various rules. We advise on the company’s obligation to pay salaries during maternity leave according to applicable legislation and collective bargaining agreement as well as on market trends in relation to maternity-, paternity- and parental leave. We also advise on the possibility of reimbursement from maternity funds and “NemRefusion”.
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Litigation

Conflict management can be a difficult task, often involving opposing viewpoints and emotions. We offer an experienced and sensitive approach, bringing what the situation requires, as part of mediation cases, arbitration cases, and similar.
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Negotiating terms of employment and termination

Advising and negotiating terms of employment and termination. We draft contracts for senior employees and executives (director contracts) and negotiate the terms associated with them.
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Non-competition and non-solicitation clauses

We advise on non-competition clauses and non-solicitation clauses in relation to enterprises’ requirements for imposing clauses on employees, as well as aiding in independent third-part review of restrictive covenants as part of the hiring process.
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Recruitment processes

Assistance for existing and new companies in the recruitment process, including the drafting of necessary key legal documents. We work closely with an HR consultant to aid in providing a comprehensive service covering all legal and practical aspects of recruitment.
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Redundancies – mass and individual

We offer assistance with the implementation of individual resignations, calculation of costs, investigation of the possibility to avoid termination, preparation of the necessary documents to ensure compliance with legal requirements, collective agreements, the company’s policies and values and planning of communication.
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Secretarial tasks for companies and boards

Assistance with secretarial tasks for companies and board chairs and other board members.
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The external HR-department

Preparation and maintenance of personnel legal documents, ongoing advisory services, updates in accordance with legislation and practices, and knowledge sharing with HR specialists.
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Transfer of undertakings

We have long experience in advising in connection with employees’ legal position in connection with the transfer of businesses or parts of businesses, and surrounding issues.
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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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Thanks to the following contributors to the website: Steen Evald (photograph), Stine Heilmann (photograph), Count Pictures (video), Kunde & Co. A/S (design), WeCode A/S (coding)