The employment contract
You should be aware of what is in your employment contract – always get our legal experts to review the contract before signing.
If your future employer has entered into a collective agreement with Finansforbundet (Financial Services Union Denmark), you are assured a number of rights that will constitute the basis of your employment contract. Among others, this includes the right to the 6th week of holiday, full pay during parental leave and up to five days’ absence when your child is sick. Therefore, this only leaves a few matters that you need to negotiate.
If you are or will be employed on an individual contract by an employer who has entered a collective agreement with Finansforbundet, you should be aware that you are generally not covered by the collective agreement.
However, if your future employer is not covered by a collective agreement, you must be particularly careful. In this case, only what has been agreed in the contract and the basic rights established in the Danish Holiday Act and the Danish Salaried Employees Act (if you are a salaried employee) will apply.
Everything you negotiate must always be specified in the contract, even if you are covered by a collective agreement between Finansforbundet and Finanssektorens Arbejdsgiverforening.
What should you be particularly aware of?
The number of days you can stay home with full pay, and whether you can only stay home during the child’s first sick day(s) or at any time during the illness.
The general rule in Danish law is that you do not have a right to absence – either with or without pay - when your child is ill.
It should state whether you have the right to full pay during parental leave and for how long.
According to the Danish Salaried Employees Act:
- The mother has the right to take time off at half pay for four weeks before the expected birth and for 14 weeks after birth.
- The father has the right to take time off with unemployment benefits for two weeks in connection with birth.
- After the birth, the mother and father have the right to take 32 weeks of parental leave with a total of 32 weeks of unemployment benefits
In this context, you should be aware of a new law on earmarked parental leave for the father – our website has not yet been updated with these rules.
The contract should state whether you are covered by a non-solicitation or non-compete clause.
It is not an advantage for you to be subject to a clause – even if it only applies when you receive compensation. You should therefore try to get your employer to remove the clause or to limit it as much as possible.
It should state how much travel activity you should expect and how your travel expenses and any overtime will be paid.
It should be specified whether you are entitled to paid sick leave if you are not covered by the Danish Salaried Employees Act.
If you are covered by the Danish Salaried Employees Act, you are entitled to paid sick leave.
If you are allowed to have special assignments or side jobs, it should state this in the employment contract. The procedure for having extra jobs approved should also be indicated.
The scope of the duty of confidentiality should be stated.
Typically, it will state that you may not share or use knowledge of the company that you acquired during your employment.
It should state in the contract whether it is agreed that you can get time off, with or without pay, for courses/supplementary training and whether your employer pays the costs.
Free car, free phone, agreement for working at home, health insurance etc. should be specified in the contract. You will be taxed in accordance with the applicable rules.
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Then our experts can help – we will check it within 24 hours.
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