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Law On Employer Use Of Jobklausuler Reprinted Definitive Series

Original Language Title: Lov om arbejdsgivers brug af jobklausuler Omtryk

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Table of Contents

Prompting the employer's use of job clauses

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1. The aim of the law is to limit the use of job clauses and to ensure that necessary job clauses are committed in a loyal manner to the employees concerned.

§ 2. The law shall apply to job clauses, which means :

1) any contracts concluded by an employer with other undertakings in order to prevent or restrict the ability of a wage-recipient to obtain employment in another undertaking, and

2) contracts to which an employer is part of an employee in order to prevent or restrict the opportunities of other employees to obtain employment in another company.

Paragraph 2. Schemes, whereby temporary agency agencies receive a reasonable payment for a user company's hire of a deployed substitute, is not covered by the law.

§ 3. An employer can only make a job clause in relation to a salary receiver if the employer has signed a written agreement on this subject to the earner ' s salary. The agreement shall include information on how the job-recipient job opportunities are specifically restricted by the job clause and whether the compensation of the pay-holder is entitled to compensation, cf. § 4.

§ 4. An employer shall pay compensation to pay compensation during the period following the severance of the paycheck, where the job opportunities of the employees are restricted as a result of the job clause.

Paragraph 2. Compensation must be at least 50%. of the salary at the time of deduction. Compensation must be paid continuously in the wage rates laid down in the employment rate.

Paragraph 3. If the salary recipient receives a salary in a notice period after the actual subtract, the termination of the termination period shall be deduction.

Paragraph 4. Where the pay consignee is given other appropriate work, the salary from this work may be offset in the pay-holder ' s claim to compensation.

§ 5. The right to compensation will be suspended if :

1) the employer is entitled to the person who is entitled to the payroll

2) the recipient shall receive compensation under the rules on competition and customer clauses.

§ 6. If the pay consignee has been employed for three months or less on the employer, a job clause cannot be applied in relation to this salary recipient.

Paragraph 2. If the earner has been employed for more than three months but not more than six months from the employer, a job clause may not be applied for a longer period of time than six months after the termination of this salary recipient.

§ 7. An employer may terminate an Agreement covered by section 3, with the notice that applies to the employer's termination of the employment relationship after 3 months of employment. However, the notice warmer may not exceed one month ' s notice to a month's end.

§ 8. In the case of business transfers, companies may enter into job clauses without the requirements laid down in sections 3 and 4.

Paragraph 2. A job clause is covered by paragraph 1. 1 may be maintained for up to six months after the conclusion of the job clause, regardless of whether the negotiations result in an agreement on the transfer of undertakings.

Paragraph 3. If the negotiations result in an agreement on reassignment, a job clause may be covered by paragraph 1. 1 is maintained for up to 6 months after the date of transfer.

§ 9. section 3-8 may be deviated by collective agreement.

§ 10. The law shall enter into force on 1. July 2008, and shall apply to job clauses entered into after this date.

Paragraph 2. From the 1. In July 2009, the law also applies to job clauses that have been entered into before the entry into force of the law.

§ 11. The law does not apply to the Faroe Islands and Greenland.

Givet at Christiansborg Castle, the 171. June 2008 MARGRETHE R / Claus Hjort Frederiksen
Retryksnote
  • 10-07-2008 :
  • Law No 460 of 17. June 2008 is today, the 10th. July 2008, reprinted because of the circumduress of bill L 81 of 27. February 2008, as adopted by the third reading of the 12. June 2008.

    In section 3, paragraph 3. 1, 1.pkt., is "An employer can only make a job clause applicable to a salary receiver if the employer has signed a written agreement on this subject to the salary recipient." An employer can only make a job clause in relation to a person who is not a person ; a pay consignee, provided that the employer has signed a written agreement on this subject to the pay operator. ` ;

    in section 6 (4). 1, "If the earner has been employed for three months or less in the employer, a job clause cannot be applied to this earner ' may be addressed to :" If the pay consignee has been employed for three months or less, the employer may not apply a job clause in relation to this earner. ` ;

    Reference is made to the statement of 27. In June 2008, the President of the European Parliament on the repressure of L 81 (proposal for a law on the employer's use of job clauses).