Law on employer use of jobklausuler
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
§ 1. The Act's purpose is to restrict the use of jobklausuler and ensure that the necessary jobklausuler concluded in a fair manner towards the affected employees.
§ 2. The law applies to jobklausuler, meaning
1) agreements, as an employer are included with other companies in order to hinder or restrict an employee opportunities to obtain employment at a different company, and
2) agreements, as an employer concludes with an employee in order to prevent or limit other employees opportunities to gain employment in another enterprise.
(2). Arrangements by which temporary agencies receive a reasonable payment for a user enterprise recruitment of a temporary broadcast, is not covered by the law.
§ 3. An employer can only do a jobklausul in force in relation to an employee, if the employer has entered into a written agreement with the employee. The agreement shall contain information on the manner in which employee's job opportunities specifically limited by jobklausulen, and on the employee's right to compensation, in accordance with article 3. § 4.
§ 4. An employer must pay the employee compensation in the period after the employee's resignation, where the employee job opportunities are limited as a result of jobklausulen.
(2). Indemnification shall constitute at least 50 per cent of salary at retirement time. Compensation is to be paid on an ongoing basis in the employment relationship laid down payment deadlines for salary.
(3). If the employee receives salary in a notice period after the actual resignation, resignation from the termination period.
(4). If the employee gets other appropriate work, can wage from this work to offset the employee to claim compensation.
§ 5. The right to compensation lapses if
1) has expelled the employee or eligible employer
2) the employee receives compensation pursuant to the Danish salaried employees act rules on competition and customer clauses.
§ 6. If the employee has been employed in 3 months or less with the employer, can a jobklausul not be invoked in relation to that employee.
(2). If the employee has been employed for more than 3 months but not more than 6 months with the employer, can a jobklausul not be applied for longer than 6 months after termination of employment in relation to that employee.
§ 7. An employer may terminate an agreement covered by section 3 of the notice, which applies to the employer's termination of the employment relationship after 3 months of employment. Notice, however, may not exceed 1 month in advance for a month.
§ 8. Companies can in connection with negotiations for mergers and acquisitions included jobklausuler, without prejudice to the requirements laid down in sections 3 and 4 must be complied with.
(2). A jobklausul covered by paragraph 1 can be maintained for up to 6 months after the conclusion of the jobklausulen, regardless of whether the negotiations result in an agreement on mergers and acquisitions.
(3). If the negotiations result in an agreement on the transfer of business, can a jobklausul covered by paragraph 1 are maintained for up to 6 months after the date of transfer of the business.
§ 9. sections 3-8 can be waived by a collective agreement.
§ 10. The law shall enter into force on the 1. July 2008 and apply to the jobklausuler concluded after that date.
(2). From the 1. July 2009 finds the law also apply to jobklausuler, that is entered into before entry into force of the Act.
§ 11. The law does not apply to the Faroe Islands and Greenland.
Given at Christiansborg Palace, on 17 March. June 2008 MARGRETHE r./Claus Hjort Frederiksen