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Secondment Agreement Template for Denmark

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Key Requirements PROMPT example:

Secondment Agreement

I need a secondment agreement for an employee who will be temporarily transferred to a partner company for a period of 12 months to gain specialized skills, with a clear outline of responsibilities, reporting structure, and return conditions. The agreement should include provisions for maintaining the employee's current salary and benefits, as well as a clause for early termination with a 2-week notice period.

What is a Secondment Agreement?

A Secondment Agreement lets one company temporarily transfer an employee to work at another organization while keeping their original employment contract active. Under Danish labor law, these agreements spell out how the employee will work under the host company's direction while maintaining their primary employment relationship and benefits.

The agreement covers key details like work duties, duration, salary arrangements, and which company handles specific employer obligations. Danish companies often use secondments for specialized projects, knowledge sharing between business partners, or professional development - especially in sectors like IT, engineering, and consulting where expertise sharing is common.

When should you use a Secondment Agreement?

Use a Secondment Agreement when your business needs to temporarily share skilled employees with another Danish company while protecting everyone's interests. This works especially well for specialized projects requiring expert knowledge transfer, like IT implementations or engineering consultancy work.

The agreement becomes essential when sending staff to work at client sites, sharing technical expertise between subsidiaries, or participating in cross-company innovation projects. Under Danish employment law, having this agreement in place clarifies crucial points like work supervision, liability coverage, and intellectual property rights - preventing costly disputes and ensuring smooth collaboration between all parties.

What are the different types of Secondment Agreement?

  • Cross-Border Secondments: Used when sending employees to work with international partners, requiring extra attention to tax implications and Danish labor law compliance
  • Internal Group Secondments: For temporary transfers between affiliated Danish companies, focusing on maintaining consistent employment terms
  • Project-Based Secondments: Limited to specific projects with defined timelines and deliverables, common in IT and construction sectors
  • Knowledge Transfer Secondments: Structured around training and skill sharing, with detailed learning objectives and mentorship arrangements
  • Client-Site Secondments: Tailored for consultants working at client locations, addressing confidentiality and intellectual property concerns

Who should typically use a Secondment Agreement?

  • Home Company (Primary Employer): Initiates the Secondment Agreement and maintains the original employment contract while lending their employee
  • Host Company: Receives the seconded employee and provides day-to-day work direction during the secondment period
  • Seconded Employee: The professional temporarily working at the host company while maintaining employment with their original employer
  • HR Departments: Coordinate between both companies to manage practical aspects like work conditions and benefits
  • Legal Advisors: Draft and review agreements to ensure compliance with Danish employment law and protect all parties' interests

How do you write a Secondment Agreement?

  • Basic Details: Gather both companies' legal names, addresses, and registration numbers, plus the seconded employee's information
  • Duration Planning: Define start and end dates, notice periods, and any extension options
  • Work Arrangements: Document role description, reporting lines, work location, and hours
  • Financial Terms: Outline salary arrangements, benefits continuation, and cost allocation between companies
  • Legal Compliance: Check Danish employment law requirements, especially regarding pension, insurance, and working conditions
  • Review Process: Use our platform to generate a legally sound agreement that includes all mandatory elements under Danish law

What should be included in a Secondment Agreement?

  • Party Details: Full legal names and addresses of home company, host company, and seconded employee
  • Secondment Terms: Specific duration, work location, role description, and reporting structure
  • Employment Rights: Confirmation of continued primary employment and preserved benefits under Danish law
  • Cost Allocation: Clear breakdown of salary, benefits, and expenses between both companies
  • Confidentiality: Data protection provisions meeting GDPR requirements and business secrets protection
  • Termination Clauses: Notice periods and conditions for early termination
  • Governing Law: Explicit reference to Danish employment law jurisdiction

What's the difference between a Secondment Agreement and an Advisor Agreement?

A Secondment Agreement differs significantly from a Advisor Agreement in both structure and purpose, though both involve bringing external expertise into an organization. Let's explore the key differences to help you choose the right document for your situation.

  • Employment Status: Secondment keeps the employee's original employment contract active, while advisors are independent contractors or consultants
  • Duration and Integration: Secondments typically last several months with full integration into the host company, whereas advisor relationships are often project-based or part-time
  • Legal Obligations: Secondments maintain employee benefits and protections under Danish employment law, while advisors manage their own taxes and benefits
  • Management Control: Seconded employees work under the host company's direct supervision, but advisors maintain independence in how they deliver their services
  • Liability and Insurance: In secondments, the home company often retains primary employer liability, while advisors carry their own professional liability insurance

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