Employee Non Compete Agreement Template for Denmark

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Key Requirements PROMPT example:

Employee Non Compete Agreement

Document background
An Employee Non-Compete Agreement is essential for Danish companies seeking to protect their legitimate business interests, trade secrets, and competitive advantage when key employees leave the organization. This document is particularly relevant in knowledge-intensive industries where employees have access to sensitive information or strong client relationships. Under Danish law, such agreements must provide specific compensation (40-60% of salary), cannot exceed 12 months duration, and must comply with the Danish Act on Non-Compete Clauses. The agreement should be used selectively for employees whose roles justify such restrictions, as it requires significant financial commitment from the employer through mandatory compensation payments.
Suggested Sections

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

2. Background: Context of the agreement, including the employee's position and reason for the non-compete

3. Definitions: Key terms used in the agreement, particularly defining 'competing business', 'competitive activities', and 'confidential information'

4. Scope of Non-Compete: Detailed description of prohibited activities, industry sectors, and geographical limitations

5. Duration: Time period for which the non-compete obligations will apply (maximum 12 months under Danish law)

6. Compensation: Details of the mandatory compensation (minimum 40-60% of salary) during the non-compete period

7. Payment Terms: Timing and method of compensation payments

8. Employee Obligations: Specific duties of the employee during the non-compete period, including reporting requirements

9. Enforcement: Consequences of breach and enforcement mechanisms

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

Optional Sections

1. Garden Leave: Include when the employer wants the option to place the employee on paid leave during notice period

2. Non-Solicitation: Include when wanting to prevent the employee from soliciting customers or other employees

3. Reduction/Waiver Rights: Include when employer wants the right to reduce the scope or waive the non-compete

4. Post-Employment Reporting: Include when requiring the employee to report new employment during the restricted period

5. Training Compensation: Include when the employer has provided specialized training that justifies additional restrictions

Suggested Schedules

1. Schedule 1 - Competing Businesses: List of specific companies or business types considered competitors

2. Schedule 2 - Restricted Territory: Detailed description or maps of geographical areas covered by the restriction

3. Schedule 3 - Compensation Calculation: Detailed breakdown of how the compensation is calculated

4. Appendix A - Employee's Current Role and Responsibilities: Detailed description of current position to justify scope of restrictions

Authors

Relevant Industries
Relevant Teams
Relevant Roles
Industries
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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