Labour Hire Agreement Template for Denmark

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Labour Hire Agreement

Document background
This Labour Hire Agreement is designed for use in Denmark when a company needs to engage temporary workers through a labor hire agency. The document complies with Danish employment law, including the Act on Temporary Agency Work (Vikarloven) and related employment legislation. It is particularly suitable for businesses requiring flexible workforce solutions while ensuring proper protection of workers' rights and clear allocation of responsibilities between the agency and hiring company. The agreement includes comprehensive provisions for worker management, compliance with equal treatment principles, health and safety obligations, and commercial terms, all structured within the unique Danish employment law framework that combines legislation with collective agreements. This document is essential for establishing clear legal and operational parameters in temporary staffing arrangements while ensuring compliance with Danish regulatory requirements.
Suggested Sections

1. Parties: Identification of the labor hire agency and the hiring company, including full legal names, company registration numbers, and addresses

2. Background: Context of the agreement, including the purpose of the labor hire arrangement and general business relationship

3. Definitions: Key terms used throughout the agreement, including 'Workers', 'Services', 'Charges', etc.

4. Scope of Services: Detailed description of the labor hire services to be provided, including types of workers and roles to be filled

5. Ordering Process: Procedures for requesting workers, including notice periods, worker specifications, and acceptance processes

6. Worker Management: Rights and responsibilities regarding worker supervision, performance management, and replacement procedures

7. Charges and Payment: Fee structure, payment terms, invoicing procedures, and any additional costs

8. Compliance Obligations: Requirements to comply with Danish employment law, including equal treatment principles and working conditions

9. Health and Safety: Responsibilities of both parties regarding workplace safety and risk management

10. Insurance and Liability: Insurance requirements and allocation of liability between parties

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Danish Personal Data Act and GDPR requirements

13. Term and Termination: Duration of agreement and termination rights

14. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction for disputes

Optional Sections

1. Transition Services: Procedures for transitioning workers to permanent employment, if applicable

2. International Assignments: Additional provisions for cross-border worker assignments

3. Specialized Equipment: Provisions regarding supply and maintenance of specialized equipment or tools

4. Training Requirements: Specific training obligations for either party

5. Key Performance Indicators: Metrics for measuring service quality and performance

6. Volume Commitments: Minimum volume commitments and related pricing structures

7. Collective Agreement Compliance: Specific provisions relating to applicable collective agreements

Suggested Schedules

1. Schedule 1 - Service Descriptions: Detailed descriptions of different categories of labor hire services

2. Schedule 2 - Rate Card: Detailed pricing structure including standard rates, overtime rates, and special conditions

3. Schedule 3 - Service Levels: Performance standards and metrics for service delivery

4. Schedule 4 - Operating Procedures: Detailed procedures for day-to-day operations and worker management

5. Schedule 5 - Required Worker Qualifications: Minimum qualifications and certifications required for different worker categories

6. Schedule 6 - Health and Safety Requirements: Specific health and safety procedures and requirements

7. Schedule 7 - Data Processing Agreement: Detailed terms for processing personal data in compliance with GDPR

8. Appendix A - Standard Forms: Templates for worker requests, timesheets, and other routine documentation

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Act on Temporary Agency Work (Vikarloven): This is the primary legislation governing temporary agency work in Denmark, implementing EU Directive 2008/104/EC. It ensures equal treatment of temporary agency workers with permanent employees regarding basic working and employment conditions.
Danish Act on the Legal Relationship between Employers and Salaried Employees (Funktionærloven): Provides the legal framework for employment relationships, including terms of notice, sick pay, and other basic employment rights for salaried employees.
Danish Working Environment Act (Arbejdsmiljøloven): Regulates health and safety conditions at work, including risk assessment requirements and obligations for both the hiring company and the labor hire agency.
Danish Act on Working Time (Arbejdstidsloven): Regulates working hours, rest periods, and overtime, which must be considered in the labor hire arrangement.
Danish Holiday Act (Ferieloven): Governs holiday entitlements and holiday pay, which must be properly addressed in the agreement.
Danish Equal Treatment Act (Ligebehandlingsloven): Ensures non-discrimination and equal treatment in employment, including for temporary and agency workers.
Danish Personal Data Act (Persondataloven): Regulates the processing of personal data in employment relationships, including data protection requirements for both the agency and hiring company.
Danish Act on the Obligation to Provide Written Information about Employment Conditions (Ansættelsesbevisloven): Requires employers to provide written information about employment terms and conditions to 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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