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Mutual Termination Agreement Template for Denmark

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Mutual Termination Agreement

Document background
The Mutual Termination Agreement is utilized when both employer and employee in Denmark agree to end their employment relationship by mutual consent, outside of standard resignation or dismissal procedures. This document is particularly valuable when parties wish to achieve an amicable separation while ensuring legal compliance and clarity of terms. It addresses key aspects required under Danish employment law, including notice periods, holiday pay calculations, and any special arrangements regarding benefits or post-employment obligations. The agreement serves to prevent future disputes by clearly documenting all termination terms and mutual releases, making it an essential tool for human resources management and legal compliance in Danish employment relationships. It's commonly used during corporate restructuring, when negotiating senior executive departures, or in situations where a standard notice period termination may not be suitable.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names, addresses, and any relevant registration numbers

2. Background: Brief context of the employment relationship and mutual decision to terminate

3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Final Settlement', etc.

4. Termination Date: Specific date when employment relationship will end

5. Final Salary and Benefits: Details of final salary payment, including regular salary, bonuses, and benefits up to the termination date

6. Holiday Pay Settlement: Calculation and payment of accrued holiday pay in accordance with the Danish Holiday Act

7. Company Property: Requirements and timeline for returning company property

8. Full and Final Settlement: Confirmation that the agreement represents full and final settlement of all claims

9. Confidentiality: Ongoing obligations regarding confidential information

10. Tax and Social Security: Clarification of tax treatment and social security implications

11. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction

Optional Sections

1. Garden Leave: Terms of any garden leave period before final termination - used when employee is being released from duties but remains employed

2. Post-termination Restrictions: Details of any continuing non-compete or non-solicitation obligations - relevant for senior employees or those with access to sensitive information

3. Reference: Terms of any agreed reference to be provided - included when specifically negotiated

4. Outplacement Support: Details of any career transition services offered - typically for senior employees or redundancy situations

5. Share Options/Long-term Incentives: Treatment of outstanding share options or other long-term incentives - relevant for employees with such benefits

6. Communications: Agreed internal and external communications about the departure - important for senior employees

7. Legal Costs: Agreement on payment of legal costs for reviewing the agreement - typically included when employee has sought legal advice

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including salary, holiday pay, and any additional benefits

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Continuing Obligations: Extract of relevant clauses from employment contract that survive termination

4. Appendix A - Agreed Reference: Form of agreed reference if applicable

5. Appendix B - Release Claims List: Comprehensive list of potential claims being settled under the agreement

Authors

Relevant legal definitions






























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Relevant Industries
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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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