Labour Hire Contract Template for Denmark

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Labour Hire Contract

Document background
This Labour Hire Contract is designed for use in Denmark when establishing temporary staffing arrangements through a labour hire agency. It serves as the primary employment agreement between the agency and the worker, while also addressing the relationship with host companies where the worker will be placed. The document incorporates requirements from Danish employment law, including the Temporary Agency Work Act (Vikarloven), the Holiday Act, and other relevant legislation. It includes essential terms such as remuneration, working hours, holiday entitlements, and assignment procedures, while ensuring equal treatment between temporary workers and permanent employees in host companies. This contract type is particularly important for businesses seeking workforce flexibility and workers looking for varied employment opportunities across different organizations.
Suggested Sections

1. Parties: Identification of the labour hire agency (employer), the worker, and the host company

2. Background: Context of the agreement and the nature of the labour hire arrangement

3. Definitions: Key terms used throughout the agreement, including 'Assignment', 'Host Company', 'Services'

4. Nature of Employment: Specification that this is a labour hire arrangement and the worker's employment status

5. Duration of Employment: Term of employment, including start date and whether fixed-term or indefinite

6. Assignment Details: Framework for how assignments will be offered, accepted, and managed

7. Working Hours: Standard working hours, overtime arrangements, and rest periods in compliance with Danish law

8. Remuneration: Salary, payment periods, method of payment, and any variable components

9. Holiday Entitlement: Holiday rights and pay in accordance with the Danish Holiday Act

10. Sick Pay and Benefits: Sick leave entitlements and other statutory benefits

11. Pension and Insurance: Pension scheme details and insurance coverage

12. Obligations of the Worker: Worker's duties, responsibilities, and compliance with host company policies

13. Equal Treatment Provisions: Ensuring compliance with equal treatment principles under Danish law

14. Confidentiality: Protection of confidential information of both the agency and host companies

15. Data Protection: Handling of personal data in compliance with GDPR and Danish law

16. Termination: Notice periods and termination procedures

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

Optional Sections

1. Non-Competition: Restrictions on working for competitors, if applicable and in compliance with Danish law

2. Intellectual Property: IP rights provisions when worker may create IP during assignments

3. Company Car: Terms for provision and use of company vehicle if applicable

4. Commission Structure: Details of any commission or bonus schemes if applicable

5. International Assignments: Terms for assignments outside Denmark if relevant

6. Training Requirements: Specific training or certification requirements for certain roles

7. Union Membership: Relevant only if covered by collective agreements

8. Equipment Provision: Terms regarding provision and use of work equipment

9. Travel Requirements: Terms regarding travel between assignments and travel compensation

Suggested Schedules

1. Schedule 1 - Current Assignment Details: Specific details of current or initial assignment including location, role, and host company

2. Schedule 2 - Rate Card: Standard pay rates for different types of assignments or roles

3. Schedule 3 - Benefits Package: Detailed description of all benefits and eligibility criteria

4. Schedule 4 - Host Company Policies: List of relevant host company policies worker must comply with

5. Schedule 5 - Health and Safety Guidelines: Safety requirements and procedures for different types of assignments

6. Appendix A - Personal Data Processing: Detailed information about how personal data will be processed

7. Appendix B - Equipment Inventory: List of any equipment provided to the worker

8. Appendix C - Required Certifications: List of required certifications or qualifications for specific roles

Authors

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Temporary Agency Work Act (Vikarloven): Regulates temporary agency work and ensures equal treatment between temporary agency workers and permanent employees in user companies
Danish Salaried Employees Act (Funktionærloven): Governs the legal relationship between employers and white-collar workers, covering aspects like notice periods, sick pay, and termination rules
Danish Holiday Act (Ferieloven): Regulates employees' rights to paid holiday, holiday allowance, and the timing of holidays
Danish Act on Working Hours (Arbejdstidsloven): Sets rules for maximum working hours, rest periods, and breaks
Danish Equal Treatment Act (Ligebehandlingsloven): Ensures non-discrimination and equal treatment in employment regardless of gender, race, religion, etc.
Danish Act on Working Environment (Arbejdsmiljøloven): Establishes requirements for health and safety at work
Danish Personal Data Act (Databeskyttelsesloven): Implementation of GDPR, governing the processing of personal data in employment relationships
Danish Act on Employers' and Salaried Employees' Legal Relationship (Ansættelsesbevisloven): Requires employers to provide written information about employment conditions
Danish Act on the Prohibition of Discrimination in the Labour Market (Forskelsbehandlingsloven): Prohibits direct and indirect discrimination in employment
Danish Collective Agreements Act (Kollektiv Overenskomst): Framework for collective bargaining agreements which may apply depending on industry sector
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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