Restaurant Employment Contract Template for Denmark

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Restaurant Employment Contract

Document background
The Restaurant Employment Contract serves as a comprehensive legal agreement between restaurant establishments and their employees in Denmark. This document is essential for formalizing employment relationships in the restaurant industry while ensuring compliance with Danish employment legislation, including the Salaried Employees Act, Working Environment Act, and specific hospitality sector regulations. It should be used when hiring any restaurant staff member, from kitchen personnel to front-of-house employees, and includes crucial details about working hours, compensation, benefits, health and safety requirements, and food handling protocols. The contract accommodates both full-time and part-time positions while incorporating relevant collective agreement provisions common in the Danish restaurant sector. It's designed to protect both employer and employee interests while maintaining compliance with Danish labor laws and industry standards.
Suggested Sections

1. Parties: Identification of the employer (restaurant) and employee with full legal names and addresses

2. Background: Brief context about the employment relationship and restaurant position

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, and primary responsibilities

5. Commencement and Duration: Start date and whether the contract is permanent or fixed-term

6. Workplace: Primary location of work and any requirements for work at other locations

7. Working Hours: Regular working hours, shift patterns, and overtime arrangements

8. Salary and Benefits: Base salary, payment frequency, method of payment, and standard benefits

9. Holiday Entitlement: Annual leave rights and holiday pay in accordance with Danish Holiday Act

10. Sick Leave: Sick pay entitlement and notification procedures

11. Notice Period: Required notice periods for termination by either party

12. Confidentiality: Obligations regarding restaurant trade secrets and confidential information

13. Health and Safety: Compliance with workplace safety regulations and food handling requirements

14. Personal Data Protection: Handling of employee personal data under GDPR

15. Governing Law: Specification of Danish law as governing law

Optional Sections

1. Probationary Period: Terms of initial probation period - include if probationary period is required

2. Uniform Requirements: Details of required uniforms and dress code - include if specific uniform is required

3. Tips and Service Charges: Policy on distribution of tips and service charges - include if relevant to position

4. Non-Competition: Restrictions on working for competitors - include for senior positions only

5. Additional Employment: Rules regarding secondary employment - include if restrictions are needed

6. Performance Reviews: Schedule and criteria for performance evaluations - include if formal review process exists

7. Training Requirements: Mandatory training programs - include if specific certifications are required

8. Staff Meals: Policy on employee meals during shifts - include if meal benefits are provided

9. Commission Structure: Details of any commission or bonus schemes - include for applicable positions

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of job responsibilities and requirements

2. Schedule 2 - Salary Structure: Detailed breakdown of salary components and benefits

3. Schedule 3 - Working Time Schedule: Specific shift patterns and rotation schedule if applicable

4. Schedule 4 - Company Policies: Reference to relevant restaurant policies and procedures

5. Schedule 5 - Health and Safety Guidelines: Specific safety protocols and food handling requirements

6. Appendix A - Employee Handbook: Reference to or incorporation of employee handbook

7. Appendix B - Collective Agreement Terms: Relevant terms from applicable collective agreement if any

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Salaried Employees Act (Funktionærloven): Fundamental law governing employment relationships for salaried employees, covering terms of employment, notice periods, and severance pay
Danish Working Environment Act (Arbejdsmiljøloven): Regulates workplace health and safety, particularly relevant for kitchen and restaurant environments
Danish Holiday Act (Ferieloven): Governs holiday entitlements and holiday pay for employees in Denmark
Danish Act on Working Time (Arbejdstidsloven): Regulates working hours, rest periods, and overtime, with specific provisions for hospitality sector
Danish Food Safety Act (Fødevareloven): Contains requirements for food handling certification and hygiene standards that staff must comply with
Danish Equal Treatment Act (Ligebehandlingsloven): Ensures non-discrimination and equal treatment in employment relationships
Danish Personal Data Act (Persondataloven): Governs the handling of employee personal data in accordance with GDPR requirements
Collective Agreement for Hotel and Restaurant Industry (Overenskomst for hotel- og restaurationsbranchen): Industry-specific collective agreement setting standards for wages, working conditions, and benefits in the restaurant sector
Danish Act on Employment Certificates (Ansættelsesbevisloven): Requires employers to provide written employment contracts with specific mandatory information
Danish Act on Employers' and Salaried Employees' Legal Relationship (Funktionærlov): Specifies rights and obligations in the employment relationship, including sick pay and termination rules
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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