Bonus & incentives
Pay packages today are often composed of a number of elements. As a result, there is an increasing need for legal advice – both in relation to determining the different elements and addressing the many challenges and issues
We advise on the composition of individual pay packages, benefits and flexible pay packages as well as cash or share-based incentive programmes under which bonus, commission, shares, share options, phantom shares or other types of variable pay elements may be awarded.
Our advice not only covers the labour and employment law-related aspects but also all other aspects involving other legal areas that may be relevant, such as company law, stock exchange law, tax law and social security law.
We have extensive experience and expertise in handling the complex issues which are peculiar to the financial sector in relation to bonus and other incentive schemes, including in particular material risk takers.
As part of our assistance, we can help draft the necessary contract documents. And our Ius Laboris colleagues and other law firms in our international network can assist in clarifying and addressing any issues that may arise in connection with cross-border schemes.
- assisted a large number of companies in setting up and implementing global bonus systems
- advised private and public sector employers on the implementation of flexible pay packages, including the tax law-related framework
- advised Danish and international companies on employees’ rights in termination situations and in connection with transfers of undertaking
- assisted several listed companies in drafting remuneration policies, including guidelines on incentive pay, and implementing various share-based pay schemes, e.g. including awards of Performance Share Units
- advised a number of companies on the special issues which are peculiar to the financial sector in relation to remuneration policies as well as bonus and other types of incentive programmes
- represented a large number of employers in court cases regarding employees’ rights under bonus and other types of incentive programmes, including several precedent-setting Supreme Court cases on the scope of section 17 a of the Danish Salaried Employees Act in relation to retention bonus schemes
- assisted in setting up Management Investment Programmes
Information about Bonus & incentives
Højesteret har nu stadfæstet Vestre Landsrets dom, som fastslog, at en provisionslønnet tandplejer, der under coronapandemien blev hjemsendt under lønkompensationsordningen, havde ret til løn beregnet ud fra gennemsnittet i perioden forud for hjemsendelsen.
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In a recent judgment, the Supreme Court held that a retention bonus was not remuneration within the meaning of the Insolvency Act. The judgment is likely to have an impact on the question of whether retention bonuses are covered by section 17a of the Salaried Employees Act.
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