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Assignment Of Employment Contract Template for Denmark

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Key Requirements PROMPT example:

Assignment Of Employment Contract

I need an Assignment of Employment Contract under Danish law to transfer 15 software developers from our subsidiary company (TechCo A/S) to our parent company (GlobalTech A/S) as part of our corporate restructuring, effective March 1, 2025, maintaining all existing employment terms and collective agreements.

What is a Assignment Of Employment Contract?

The Assignment Of Employment Contract is a crucial document used in Danish business operations when transferring an employee's contract from one employer to another, typically during corporate restructuring, mergers, acquisitions, or internal reorganizations. This document ensures compliance with Danish employment law, including the Danish Contracts Act (Aftaleloven), the Salaried Employees Act (Funktion脙茠脝鈥櫭冣犆⑩偓鈩⒚兤捗⑩偓拧脙鈥毭偮loven), and the Transfer of Undertakings Act (Virksomhedsoverdragelsesloven). It provides a legal framework for maintaining employment continuity while protecting employee rights, addressing data protection requirements, and establishing clear obligations for all parties. The agreement is particularly important in scenarios where business ownership or structure changes, requiring formal documentation of employment contract transfers while ensuring all statutory and contractual obligations are preserved.

What sections should be included in a Assignment Of Employment Contract?

1. Parties: Identification of the current employer (Assignor), new employer (Assignee), and the Employee

2. Background: Context of the assignment, including the reason for transfer and reference to the original employment contract

3. Definitions: Key terms used in the agreement, including 'Effective Date', 'Employment Contract', and 'Assignment'

4. Assignment and Acceptance: Core provisions detailing the transfer of rights and obligations under the employment contract

5. Effective Date: Specification of when the assignment takes effect

6. Continuing Terms of Employment: Confirmation that employment terms remain unchanged except as specifically modified

7. Employee Acknowledgment: Employee's consent to the assignment and acknowledgment of continued terms

8. Assignor Warranties: Warranties regarding the employment contract and employee status

9. Assignee Obligations: New employer's commitments regarding employment terms and conditions

10. Holiday Pay and Benefits: Treatment of accrued holiday pay, pension, and other benefits

11. Data Protection: Provisions for handling employee personal data in compliance with GDPR

12. Notices: Process for formal communications between parties

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

14. Execution: Signature blocks for all parties

What sections are optional to include in a Assignment Of Employment Contract?

1. Collective Agreement Provisions: Required when the employee is covered by a collective agreement, detailing how these terms will be maintained

2. Intellectual Property Rights: Required when the employee's role involves creation of IP or access to company IP

3. Non-Competition Obligations: Required when existing employment contract contains non-compete clauses that need to be addressed

4. International Elements: Required when assignment involves cross-border elements or international working arrangements

5. Bonus and Commission Arrangements: Required when existing bonus or commission schemes need to be addressed

6. Company Property: Required when employee has company assets or access to systems that need to be transferred or addressed

7. Probationary Period: Optional section if a new probationary period is to be established with the new employer

8. Modified Terms: Required when any terms of employment will change upon assignment

What schedules should be included in a Assignment Of Employment Contract?

1. Schedule 1 - Original Employment Contract: Copy of the existing employment contract being assigned

2. Schedule 2 - Modified Terms of Employment: Details of any changes to employment terms taking effect upon assignment

3. Schedule 3 - Employee Benefits Summary: Overview of all benefits, pension arrangements, and other entitlements being transferred

4. Schedule 4 - Outstanding Obligations: List of any outstanding obligations, loans, or advances between current employer and employee

5. Appendix A - Required Notices and Consents: Copies of any required regulatory notices or third-party consents

6. Appendix B - Data Processing Terms: Detailed provisions regarding the handling and transfer of employee personal data

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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