HR Legal Advice and Employee Policies

Littler | Denmark is a specialized law firm working in employment law, with a broad foundation in general business law. From our offices in Islands Brygge, we assist national and international clients conducting business in Denmark. Furthermore, we provide guidance to public authorities in all aspects of employment and labor law.
Clients benefit from our extensive experience and knowledge of Danish legislation, customs, and workplace culture, including a comprehensive understanding of international employment matters, and we maintain a close collaboration with our global colleagues, ensuring local expertise in employment law across most of the world.

Advice

We provide counsel on the terms and conditions of employment for your business’ employees as well as the working relationships of self-employed individuals. This includes advice and guidance on HR legal matters related to recruitment, holiday, illness, termination, and more. Below are some examples of HR legal topics within our advisory scope.

Employment

We assist and advise on the drafting and execution of employment contracts for both employees and executives. Our advice may include drafting a contract template or reviewing an existing template to ensure compliance with legislation and alignment of the interest of the parties.

Termination of the employment relationship

We provide advice in termination situations and assist companies with negotiating severance agreements with employees or executives. Our advice typically involves advising on relevant procedures related to termination, the material requirements for a termination, alternatives to termination, including severance agreements, and the preparation of necessary documents.

Termination without notice

We assist companies in termination matters, including cases of termination without notice. Among our services, we can provide counsel on and draft written warnings, as well as advice companies on their options if they have identified an employee’s violation of the employment relationship.

Leave in connection with childbirth and adoption

The rights and obligations of both the employee and the company regarding maternity leave can be intricate to navigate. We provide guidance on various aspects, including determining when an employee is entitled to pension during maternity leave, and whether the employee accrues vacation or holiday days while on leave. Additionally, we address the rules concerning the company's entitlement to reimbursement of maternity leave benefits.

Illnesses

We advise businesses on their and their employees' rights and obligations during illness. This may include issues related to the employee's entitlement to salary during illness, the obligation to provide a medical certificate, and the company's entitlement to sick leave reimbursement.

Agreements with independent contractors

We provide advice on drafting collaboration agreements with independent contractors, including aspects related to the content and form of the collaboration agreement.

Policies and employee handbooks

We assist businesses in drafting and reviewing policies and employee handbooks, aimed at providing clarity and transparency on workplace guidelines. This may include the development of policies related to maternity leave or sick leave, as well as policies addressing issues such as workplace bullying and sexual harassment.

Policies on sexual harassment or other forms of harassment

A harassment policy determines the procedure for addressing harassing behavior in the workplace, including sexual harassment and unwanted sexual attention between employees and/or between management and employees.

It serves as internal guidelines describing how interactions between employees and/or between management and employees should occur within the company. A harassment policy can clarify the company's values, promote awareness of proper conduct and boundaries, and contribute to a safer working environment for both management and employees. Ultimately, these guidelines assist management in addressing complaints about inappropriate behavior.

While there is no legal requirement for a harassment policy, the absence of one could potentially harm the company if a case alleging harassment is initiated by an employee.

Smoking policy

In accordance with legislation, a company is obligated to have a smoking policy specifying whether smoking is allowed and any associated restrictions. The smoking policy must be in writing and accessible. Additionally, the policy should address the consequences of non-compliance.

Alcohol and drug policy

While there is no legal requirement for an alcohol and drug policy, many companies will benefit from one. Such policy aims to prevent and address employees' inappropriate consumption of alcohol and drugs. In companies where an employee's use of alcohol or drugs may pose a risk to others, having an alcohol and drug policy is particularly crucial e.g., where employees operate industrial machinery or vehicles.

The policy should establish guidelines and articulate the company's stance on the consumption and influence of alcohol and drugs in the workplace. The company should address the extent to which alcohol consumption is tolerated and outline how the company manages, supports, and assists employees with alcohol or drug-related issues. Additionally, the company may determine control measures and specify the consequences for employees who violate the alcohol- and drug policy.