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PERSONALISED GUIDANCE TAILORED TO YOU
AND YOUR INDIVIDUAL SITUATION
Our legal team offers prompt guidance related to your working life, about topics such as employment, contracts, redundancies, terminations, sickness, and work injuries.
Our members include employees, managers, and the self-employed, but we provide advice regardless of employment type.
As a rule, your working life is covered by applicable legislation, collective agreements and individual negotiations. We provide guidance and advice on all legal matters related to your employment. However, regarding unemployment insurance and pre-retirement, we typically refer you to our partners at Akademikernes A-kasse.
Please note that your pension is an important parameter in your salary and employment terms.
EMPLOYMENT AND CONTRACTS
We provide guidance and advice on all legal aspects when you start a new job or change employment to help you get the best possible start in your new position.
Thanks to our extensive experience with engineers’ employment terms, we know where it is important to take action. For example, it can be essential whether the contract takes into account agreed travel days, maximum working hours, managerial responsibilities, compensation, and overtime pay. If any terms are agreed upon verbally, they should always be included in the contract.
Before you sign, please send us the contract at mf@mmf.dk. Remember to include your name, date of birth and/or membership number, and contact information. Also let us know if you have a deadline for our response or if our consultants should pay special attention to any specific details.
CLAUSES
Clauses in employment contracts can impose restrictions on your ability to seek new employment for a specific period after leaving your job. This may be necessary for the company to ensure that you do not exploit a position of special trust or confidential information when seeking employment with a competitor.
Your contract may include both a non-solicitation clause and a non-competition clause.
Clauses can have significant financial and career-related consequences, and the rules can be complex. It is crucial to ensure that the clause is valid and clearly specifies what you are allowed to do – and the consequences if you breach it. Furthermore, the contract must state how you will be compensated for being subject to the clause.
On 1 January 2016, a new act on restrictive employment clauses came into force. The new rules only apply to clauses agreed after this date; clauses agreed before this are still governed by the previous regulations. If your clause was agreed before 15 June 1999, special rules apply.
SALARY AND COLLECTIVE AGREEMENTS
As a rule, salary and terms of employment are determined by applicable legislation, collective agreements and individual negotiations. Various working conditions may apply throughout your working life depending on whether you, for example, are employed as a salaried employee, self-employed, or in a managerial position.
TERMINATIONS
There can be many different reasons for a termination, which may be due either to the company’s circumstances or to your own as an employee. We are always available to review and check a termination if you find yourself in such a situation. Numerous laws and regulations govern terminations, and we ensure that you receive what you are entitled to.
A termination may be considered fair if it is based on the employee’s lack of qualifications, unsatisfactory performance, corporation difficulties or similar reasons. If an employer terminates an employee due to a decline in orders, budget cuts, or downsizing, this will generally be regarded as a fair reason for dismissal.
PARENTAL LEAVE
All employees expecting a child are entitled to leave with parental benefits (maternity/paternity pay) in accordance with the rules of the Parental Leave Act. Parents are entitled to a total of 52 weeks of parental leave with benefits, and the maternity leave begins the day after the child is born.
Whether you are entitled to full pay during parental leave depends on the Salaried Employees Act, collective agreements, and your employment contract. Please contact us if you need advice.
You are not required to take the entire parental leave period immediately after birth. Parental leave can be postponed until the child turns eight years old.
WORK INJURIES
If you are injured at work, you may be entitled to compensation. We can provide legal advice and assist you in dealing with the various authorities that handle cases involving workplace accidents and occupational injuries.
Through our partnership with PFA Pension, we have negotiated a range of insurance schemes for our members, which can provide quick and effective medical treatment.
Always make sure to report any work-related injury – and contact us to find out how we can assist you.
ILLNESS
We can advise you on your rights during periods of illness – for example, regarding pay during absence.
If you become ill, you must notify your employer as soon as possible. Your employer is not entitled to know the details of your illness, but they are entitled to receive medical documentation for your absence. In such cases, the employer must cover the cost of the medical certificate.
HOLIDAYS
You are entitled – and required – to at take holidays.
Employees are covered by the Holiday Act and are entitled to take holiday and to accrue the right to holiday pay or paid holiday.
As an employee, you cannot waive your right to holiday, pay during holiday, holiday allowance, or holiday supplement, or holiday pay according to the law.
However, the Holiday Act does not prevent you and your employer from agreeing on better holiday terms than those stipulated by law.
On 1 September 2020, employees transitioned to the new system of concurrent holiday. Employees now accrue 2.08 days of holiday each month, which can already be taken from the following month.
The holiday year now runs from 1 September to 31 August the following year. During this period, employees accrue a total of 25 days of holiday, equivalent to five weeks. The holiday-taking period has been extended under the new Holiday Act and runs from 1 September to 31 December the following year.
Holiday must be agreed with your employer, who generally has the right to decide when holidays are to be taken. However, you are entitled to three weeks of main holiday and two weeks of remaining holiday during the holiday year.
The main holiday period of the three consecutive weeks must be taken between 1 May and 30 September. You have the right to take your main holiday in one continuous period. The remaining holiday can be scheduled at other times within the holiday-taking period and may be taken as individual days, by agreement with your employer.