COMMERCIAL CONTRACTS

Take the right precautions with your employees and create the right frame for hiring working and firing.

Regarding the employment of the employee, it is not only important to ensure that the employment agreement complies with the requirements of the law on employment contract, but also taking a position on whether the employee will be salaried employed or be employed in similar terms for salaried employees or whether the employee is covered by a collective agreement.

It may also be relevant to consider whether there should be a corporate employee manual, which can be used to develop guidelines that can have an impact on changes in or cessation of the employment relationship in the future or enable whistleblower arrangements.

In the case of redundancies it is equally important to clarify a number of conditions in advance. First and foremost, the reasons for the dismissal must be emphasized and it must be compared with the legislation, concluded agreements and collective agreements.

There is a difference between launching a redundancy round because the organization needs to be trimmed do to initiate a dismissal due to personal circumstances.

It is necessary to ensure documentation of the conditions that justify the termination or expulsion, and in certain cases it may be a requirement that a warning is given in advance.

Our counseling on employment law does however cover other than just termination and employment of employees and among other issues we offer advice on establishing bonus and retention schemes for employees, including share programs, and employees’ rights in connection with transactions/M&A arrangements.

Contact Flemming Keller Hendriksen at +45 70 90 90 60 for further information.