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Job Separation Agreement Template for Denmark

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Key Requirements PROMPT example:

Job Separation Agreement

I need a Job Separation Agreement for a senior IT director in Copenhagen who will be leaving due to restructuring, effective March 1, 2025, including provisions for stock options and a 6-month non-compete clause.

What is a Job Separation Agreement?

The Job Separation Agreement is a crucial document used in Denmark when formally ending an employment relationship, whether through mutual agreement, redundancy, or other circumstances. It serves to protect both employer and employee interests by clearly documenting all aspects of the separation, including financial terms, continuing obligations, and legal compliance requirements. The agreement must align with Danish employment law, including the Danish Salaried Employees Act, Holiday Act, and relevant collective agreements. It typically includes provisions for final salary, severance pay, holiday pay, treatment of benefits, and post-employment obligations. This document is particularly important in Denmark's employee-protective legal environment, where proper documentation of separation terms helps prevent future disputes and ensures compliance with legal requirements.

What sections should be included in a Job Separation Agreement?

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

2. Background: Brief context of the employment relationship and reason for separation (if mutually agreed)

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment officially ends and last working day if different

5. Final Salary and Benefits: Details of final regular salary payment and treatment of benefits

6. Severance Payment: Amount, timing and conditions of any severance payment

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

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

9. Confidentiality: Ongoing obligations regarding confidential information

10. Full and Final Settlement: Mutual release of claims subject to agreement terms

11. Tax Implications: Statement on tax treatment of payments

12. Governing Law: Confirmation that Danish law governs the agreement

13. Signatures: Execution blocks for both parties

What sections are optional to include in a Job Separation Agreement?

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

2. Stock Options/RSUs: Treatment of any share-based compensation, required if employee has equity compensation

3. Non-Compete/Non-Solicitation: Post-employment restrictions, if applicable under Danish law

4. Reference: Terms of employment references to be provided

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

6. Insurance Continuation: Treatment of any insurance benefits post-termination

7. International Aspects: Special provisions for cross-border employment situations

8. Communications: Agreed announcement of departure to colleagues/clients

9. Pension Arrangements: Special handling of pension benefits if applicable

10. Legal Costs: Coverage of legal fees for agreement review if offered

What schedules should be included in a Job Separation Agreement?

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

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

3. Schedule 3 - Benefits Summary: Detailed list of benefits and their treatment post-termination

4. Appendix A - Data Protection Terms: Specific provisions regarding handling of personal data post-employment

5. Appendix B - Reference Letter: Template or agreed form of reference letter if applicable

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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