Post-termination restrictions
Restrictions – the many challenges
Regardless of political attention and new complex legislation, non-competition and non-solicitation clauses are still an issue for many employers who need to protect their customers and suppliers or need complete protection against competitors. The protection afforded under legislation often proves insufficient, so many employers have a need for considering a contractual supplement in this regard.
Legislation has become stricter, which means that it is increasingly difficult and expensive to navigate the area. However, there is still room for manoeuvre when you know how. Our clients have a growing need for assistance in adjusting to the new realities relating to post-termination restrictions.
We recently
- assisted a number of clients in drafting clauses to comply with the new and complex rules on post-termination restrictions
- helped several clients define what obligations new employees may have to their former employers
- advised on disputes concerning interpretation and negotiation of the scope of clauses
Contact
Information about Post-termination restrictions
Funktionær eller ej(er)?
En kundeklausul indgået i en ejeraftale kunne ikke opretholdes, fordi kapitalejeren reelt skulle betragtes som funktionær.
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.
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.
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.
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.