Employee Leasing Agreement Template for Denmark

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Key Requirements PROMPT example:

Employee Leasing Agreement

Document background
The Employee Leasing Agreement is essential for organizations operating in Denmark that engage in temporary staffing arrangements. This document is specifically designed to comply with Danish employment law requirements, including the Danish Act on Temporary Agency Work (Vikarlovnen) and related employment regulations. The agreement is used when a leasing company provides employees to work under the direction of a host company while remaining employed by the leasing company. It addresses crucial aspects such as equal treatment principles, working conditions, health and safety responsibilities, and data protection requirements. The document ensures clear allocation of employer obligations between the leasing company and host company, while protecting the rights of leased employees in accordance with Danish law.
Suggested Sections

1. Parties: Identification of the leasing company (employer) and the host company

2. Background: Context of the agreement and general purpose of the employee leasing arrangement

3. Definitions: Key terms used throughout the agreement including 'Leased Employees', 'Services', 'Assignment Period', etc.

4. Scope of Services: Description of the employee leasing services and general terms of provision

5. Duration and Assignment Periods: Term of the framework agreement and process for specific assignment periods

6. Leasing Company Obligations: Core responsibilities of the leasing company including employment, payroll, and statutory obligations

7. Host Company Obligations: Responsibilities of the host company including day-to-day management, workplace safety, and operational support

8. Employee Rights and Working Conditions: Ensures compliance with equal treatment principles and Danish employment law requirements

9. Fees and Payment Terms: Leasing fees, payment schedule, and any additional costs or expenses

10. Management and Supervision: Day-to-day management structure and reporting relationships

11. Compliance and Documentation: Requirements for maintaining employment documentation and ensuring legal compliance

12. Data Protection: GDPR compliance and data processing obligations for both parties

13. Confidentiality: Protection of confidential information of all parties

14. Liability and Indemnification: Allocation of risks and responsibilities between parties

15. Termination: Termination rights and procedures for both the framework agreement and individual assignments

16. Governing Law and Jurisdiction: Confirmation of Danish law application and dispute resolution procedures

Optional Sections

1. Insurance Requirements: Specific insurance obligations - include when parties need to specify particular coverage requirements

2. Intellectual Property Rights: Include when leased employees may create IP during their assignment

3. Non-Solicitation: Include when parties wish to restrict hiring of leased employees directly

4. Performance Metrics: Include when specific performance standards need to be maintained

5. Training and Development: Include when specific training requirements exist for leased employees

6. Benefits and Allowances: Include when special benefits beyond statutory requirements are provided

7. International Assignments: Include for cross-border leasing arrangements

8. Union and Collective Agreements: Include when leased employees are covered by collective agreements

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of leasing fees, markup, and payment terms

2. Schedule 2 - Standard Terms of Assignment: Template terms for individual employee assignments

3. Schedule 3 - Service Levels: Specific service standards and performance metrics

4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

5. Schedule 5 - Required Qualifications: Minimum qualifications and skills required for leased employees

6. Appendix A - Assignment Confirmation Template: Template for confirming individual employee assignments

7. Appendix B - Timesheet Template: Standard format for recording working hours

8. Appendix C - Health and Safety Requirements: Specific workplace safety requirements and procedures

Authors

Relevant legal definitions
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Act on Temporary Agency Work (Vikarlovnen): Regulates temporary work agencies and ensures equal treatment of temporary workers with permanent employees regarding essential employment conditions
Danish Salaried Employees Act (Funktionærloven): Provides the fundamental framework for employment relationships, including notice periods, sick pay, and other basic employment terms
Danish Working Environment Act (Arbejdsmiljøloven): Sets requirements for working conditions, safety, and health standards that both the leasing company and host company must comply with
Danish Personal Data Protection Act (Databeskyttelsesloven): Implementation of GDPR in Denmark, governing how employee personal data must be handled and protected
Danish Holiday Act (Ferieloven): Regulates holiday entitlements and holiday pay for employees, including leased employees
Danish Act on Equal Treatment (Ligebehandlingsloven): Ensures non-discrimination and equal treatment in employment, including for leased employees
Danish Withholding Tax Act (Kildeskatteloven): Governs tax obligations and withholding requirements in employment relationships, including special provisions for employee leasing
Danish Act on Information and Consultation of Employees (Informations- og høringsloven): Regulates information sharing and consultation requirements with employees, including in leasing situations
Danish ATP Act (ATP-loven): Mandates supplementary pension contributions for employees, including requirements for leased employees
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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