En kundeklausul indgået i en ejeraftale kunne ikke opretholdes, fordi kapitalejeren reelt skulle betragtes som funktionær.
Funktionær eller ej(er)?
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Bordet fangede – til sidst
En kundeklausul efter funktionærloven kunne opretholdes i en ny ansættelseskontrakt, selvom ansættelsesklausulloven var trådt i kraft. Bordet fangede dog, da medarbejderen i forbindelse med opsigelsen modtog og skrev under på en klausul på andre vilkår.
Klausul som ejer eller ansat?
En konkurrenceklausul indgået i en ejeraftale kunne opretholdes fuldt ud, selvom kapitalejeren havde afhændet sine kapitalandele, var fortsat som medarbejder og siden blev opsagt.
Registration of working hours – changes to the Executive Order on Rest Periods etc. submitted for consultation
Draft amendments to the Executive Order on Rest Periods and the Executive Order on Systematic Working Environment Work have been submitted for consultation. Among other things, it is proposed to align the exemption for the so-called self-organisers.
Extended leave for twin parents – bill adopted
The Parliament has adopted the bill implementing the political agreement on 13 weeks of additional leave with parental benefits for twin parents and adoptive parents.
In, or not in, fertility treatment?
An employee who was planning to undergo fertility treatment but had not yet started the treatment was not covered by the special protection against dismissal in the Equal Treatment Act.
No collective agreement, no shop steward – judgment by the Supreme Court
The Supreme Court recently upheld the Eastern High Court’s ruling establishing that a shop steward’s function ended at the time of a business transfer because the transferee had renounced the collective agreement.
Legal 500: Norrbom Vinding continues to be top-ranked
The Legal 500 recently released their 2024 rankings for labour and employment law in Denmark. Norrbom Vinding maintains the position as top-ranked and is e.g. described as “Leading specialists on employment law matters” and “The team is composed of very knowledgeable lawyers, who are experts in their fields”.
Change in maternity leave terms gave rise to compensation
A pregnant employee was entitled to compensation under the Equal Treatment Act as a result of a material change to her maternity leave terms even though she had not left her position.
Chambers Europe has published their rankings for 2024
Also this year, Chambers Europe ranks Norrbom Vinding at the top of leading law firms within labour and employment law in Denmark.
New executive order on systematic working environment work
The new rules on systematic working environment work will strengthen cooperation on health and safety in the workplace by, among other things, making health and safety risk assessments a more active tool and clarifying the roles of the working environment organisation.
Adjustments to occupational schemes under the Aliens Act – bill submitted for consultation
A draft bill to simplify certain occupational schemes under the Aliens Act – including the requirement for a Danish bank account – has been sent out for consultation. The rules are expected to take effect on 1 July 2024.
Registration of working time – bill adopted
The bill, which introduces a requirement for registration of working time for each individual employee and provides the opportunity to derogate from the 48-hour rule for certain employees, has been adopted.