Accura specialises in all aspects of labour and employment law, and we provide tailored solutions based on our knowledge of the Danish labour market.
“Always prompt practitioners”
Employment - Legal 500, 2017
“Fast and responsive”
Employment - Chambers, 2016
Emloyment - Chambers & Partners, 2015
“The team provides no-nonsense responses and is an efficient and seamless one-stop shop for legal services, with a keen sense of my needs as a client”
Employment - Chambers Europe, 2012
“Commended for its good commercial understanding, the team provides transactional support and advises on standalone matters”
Employment - Legal 500, 2011
“The team serves both large and medium-sized Danish and international companies”
Employment - Chambers Europe, 2011
Our team advises both small and large companies in the private and public sectors, across industries and borders.
A number of questions may arise during the employment with respect to the employee's absence, including the employee's holiday entitlement, absence due to sickness, entitlement to leave of absence in connection with an addition to the family, etc.
The Danish holiday legislation is complex, and we often receive questions in that respect from Danish and foreign clients needing assistance with the handling of the rules in practice. Such questions may e.g. relate to notice of holiday in connection with an employee's termination, calculation of holiday pay and holiday supplement, rules relating to replacement holiday in connection with sickness, etc.
The rules concerning sickness, e.g. the 120-day rule stipulated in the Danish Salaried Employees Act (funktionærloven), and the rules concerning entitlement to maternity and paternity leave, including the rules concerning reimbursement, also often give rise to issues in practice and, accordingly, we advise a number of our clients in that respect.
At Accura, we are experts within individual employment law dealing with the relationship between the employer and the individual employee or executive officer. We advise on all matters within individual employment law, including the various phases of the employment and the relevant legislation (the Danish Salaried Employees Act (funktionærloven), the Danish Holiday Act (ferieloven), the Danish discrimination legislation, etc.).
The employment may be divided into the following phases:
A number of legal issues must be handled when an employment is terminated. Accordingly, we also often advise our clients on termination of employees, notice of termination, fairness of termination, risks and costs relating to the termination and terms in connection with the termination, including release from the duty to work, settlement of bonus, notice of holiday, etc. We advise on summary dismissal in the event of material breach of the employment agreement.
In some situations, it may be relevant to conclude an agreement concerning the termination of the employment, a so-called severance agreement. We have vast experience in drafting tailored severance agreements and in advising on the conclusion and not least the negotiation thereof, both in relation to employees and executive officers.
A number of disputes may arise between the employer and the employee both during the employment and in connection with the termination hereof.. On a regular basis, we handle a number of cases where employers need advice and assistance in connection with employment law disputes with employees, including e.g. in connection with claims for compensation for unfair termination, disagreements concerning bonus, breach of non-competition and non-solicitation of customers clauses, etc.
We also assist executive officers needing legal assistance in connection with employment law disputes.
If a dispute cannot be solved satisfactorily through negotiations or through the conclusion of a settlement, it may be necessary to proceed with the case by commencing legal proceedings or arbitration proceedings. We have vast experience in preparing and conducting legal proceedings, mediation, arbitration proceedings, etc.
Our clients' demands for advice on foreign workers, including postings to and from Denmark, increase concurrently with the expanding globalisation within the corporate sector. Companies must be aware of a number of matters in connection with postings to and from Denmark. Such matters include for instance, in which situations Danish employment law applies (governing law), the documents and agreements to be drafted, whether to apply for work and residence permits (for more information on this, see above), etc.
We collaborate with a number of international collaboration partners concerning postings to and from various countries in the world and, on that basis, we are able to provide competent advice to our clients on all employment law issues related to the use of foreign workers.
An increasing number of our clients choose to set up whistle-blower schemes so that their employees, boards of directors, customers, collaboration partners, etc., have the possibility of (anonymously, if relevant) reporting any conduct or suspicions of any conduct in the company or the group such as economic crime, anti-competitive practices, breach of safety at work regulations, etc.
We have vast expertise in advising on the setting up and implementation of whistle-blower schemes tailored to our clients' needs and wishes.
When the client decides to set up a whistle-blower scheme, we are typically involved in the entire process by preparing the desired set-up with the relating whistle-blower policy, data processor agreements, etc., when the scheme is reported to the Danish Data Protection Agency (Datatilsynet) and finally in connection with the implementation of the scheme in the company or the group. However, we also assist clients who wish to run the process on their own, but need occasional professional sparring.