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Assignment Of Employment Agreement Template for Denmark

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Assignment Of Employment Agreement

I need an Assignment of Employment Agreement under Danish law to transfer 15 software developers from our parent company (TechCorp A/S) to our newly formed subsidiary (InnovTech Denmark ApS), effective March 1, 2025, maintaining all existing employment terms and collective agreement obligations.

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What is a Assignment Of Employment Agreement?

The Assignment Of Employment Agreement is essential in Danish business transactions involving the transfer of employees between legal entities. This document is commonly used during corporate restructuring, mergers and acquisitions, or internal reorganizations where employment contracts need to be transferred from one entity to another. It ensures compliance with Danish employment law, including the Danish Contracts Act (Aftaleloven) and the Act on the Transfer of Undertakings (Virksomhedsoverdragelsesloven). The agreement covers the transfer of all employment terms, benefits, and obligations while protecting employee rights under Danish law. It typically includes provisions for consent, acknowledgment of terms, data protection compliance, and handling of existing benefits and entitlements.

What sections should be included in a Assignment Of Employment Agreement?

1. Parties: Identification of the current employer (Assignor), new employer (Assignee), and the Employee

2. Background: Context of the assignment, including the reason for the transfer and reference to the original employment agreement

3. Definitions: Key terms used in the agreement, including 'Effective Date', 'Original Employment Agreement', and other relevant definitions

4. Assignment and Assumption: Core provision transferring all rights and obligations under the employment agreement from Assignor to Assignee

5. Employee Consent: Employee's acknowledgment and consent to the assignment of the employment agreement

6. Confirmation of Terms: Confirmation that employment terms remain unchanged post-assignment

7. Effective Date: Specification of when the assignment takes effect

8. Assignor's Obligations: Obligations of the current employer regarding handover and settlement of pre-assignment liabilities

9. Assignee's Obligations: New employer's commitments and responsibilities post-assignment

10. Employee's Acknowledgments: Employee's confirmation of understanding and acceptance of the assignment

11. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

What sections are optional to include in a Assignment Of Employment Agreement?

1. Modified Terms: Only needed if any employment terms will change upon assignment

2. Intellectual Property Rights: Required if there are specific IP rights or obligations that need to be addressed

3. Data Protection: Detailed GDPR compliance provisions if significant personal data processing is involved

4. Pension and Benefits: Required if there are specific pension or benefit arrangements that need special handling

5. Collective Agreement Provisions: Needed if the employment is subject to collective agreements

6. Restrictive Covenants: Required if there are non-compete or non-solicitation provisions that need special treatment

7. Outstanding Claims: Needed if there are any pending claims or disputes that need to be addressed

8. Transition Arrangements: Required if specific practical transition arrangements need to be documented

What schedules should be included in a Assignment Of Employment Agreement?

1. Original Employment Agreement: Copy of the existing employment agreement being assigned

2. Employee Benefits Schedule: Details of any benefits, pension arrangements, or other entitlements being transferred

3. Modified Terms Schedule: If applicable, detailed description of any terms that will change upon assignment

4. Handover Schedule: Timeline and practical arrangements for the transfer of employment

5. Outstanding Liabilities: List of any outstanding obligations, payments, or entitlements that need to be settled

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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