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Employment Settlement Agreement Template for Denmark

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Employment Settlement Agreement

Document background
The Employment Settlement Agreement is a crucial document used in Danish employment relationships when terminating employment through mutual agreement or as part of a negotiated exit. It serves to document the comprehensive terms of separation, including financial settlements, benefit arrangements, and ongoing obligations. This agreement is particularly important in Denmark due to specific legal requirements under Danish employment law, including provisions related to holiday pay, notice periods, and severance entitlements. The document helps prevent future disputes by clearly outlining all termination terms and obtaining a waiver of potential claims, while ensuring compliance with Danish legal requirements including the Danish Salaried Employees Act, Holiday Act, and data protection regulations. It's commonly used in both individual terminations and corporate restructuring situations, providing protection for both employer and employee through clear documentation of agreed terms.
Suggested Sections

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief description of employment history, reason for settlement, and context of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Termination Date: Specification of the official termination date and last working day if different

5. Settlement Payments: Details of all payments including salary, severance, and statutory payments

6. Tax Treatment: Clarification of tax treatment of various payment components

7. Benefits and Entitlements: Treatment of pension, healthcare, and other benefits post-termination

8. Holiday Pay: Calculation and payment of accrued holiday pay under Danish Holiday Act

9. Company Property: Requirements for return of company property and handling of data

10. Confidentiality: Ongoing obligations regarding confidential information

11. Full and Final Settlement: Waiver of claims and confirmation of full settlement

12. Governing Law: Confirmation of Danish law as governing law

13. Signatures: Execution blocks for both parties

Optional Sections

1. Garden Leave: Terms of garden leave if applicable during notice period

2. Non-Competition Obligations: Include if existing non-compete clauses continue or are modified

3. Non-Solicitation Obligations: Include if restrictions on soliciting employees/customers apply

4. Reference: Terms of employment reference if agreed

5. Outplacement Support: Details of any career transition services provided

6. Share Options/Awards: Treatment of existing share options or awards

7. Internal/External Announcements: Agreed communication approach regarding the departure

8. Legal Costs: Any contribution to employee's legal costs in reviewing agreement

9. Directors Duties: Include if employee holds director positions requiring resignation

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payment components including salary, severance, and statutory payments

2. Schedule 2 - Benefits Summary: Detailed list of benefits and their treatment post-termination

3. Schedule 3 - Company Property: Itemized list of company property to be returned

4. Schedule 4 - Continuing Obligations: Extract of relevant terms from employment contract that survive termination

5. Appendix A - Template Reference Letter: Agreed form of reference letter if applicable

6. Appendix B - Resignation Letters: Template resignation letters from directorship positions if applicable

Authors

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Relevant Industries
Relevant Teams
Relevant Roles
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Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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