You are entitled to an employment contract if you have been employed for more than a month and work an average of at least eight hours a week – regardless of whether you are a private or public employee. 
You must have your contract no later than one month after the start of the employment, and it must contain all significant terms.
Contact the Legal Department in Pharmadanmark before you sign your contract. 

What should a contract consist of 

The contract must contain:

1. Names and addresses of the contracting parties
2. Location of the workplace
3. Job description and / or job title
4. Date of commencement of the employment
5. The expected duration of the employment, unless it is a permanent employment
6. Rights regarding holidays and possibly special holidays
7. Notice of termination 
8. Current / agreed salary and payment deadlines
9. The daily / weekly working hours
10. Other agreements and terms

For the above parts 6-9, a reference to e.g. law, administrative provisions or other agreement is sufficient.

During the employment - also in a possible release period - are you as an employee subject to a loyalty obligation.
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During the employment - this includes a possible garden leave period - you are subject to a loyalty obligation. You must e.g. not work for a competitor or start a competing business as long as you receive a salary from the company unless this is separately agreed.
This applies to all employees, is standard and not a clause.

Non-compete clause 
A non-compete clause is a restrictive covenant meant to prevent retired employees from taking up employment in a competing company or pursuing an independent competing business.
The purpose is to protect the previous employer from competition from a former employee who moves to a competing company.

For advice on the rules concerning restrictive covenants contact legal advice in Pharmadanmark.

Customer clause
A customer clause is a term which contain a prohibition on the employee having business contact with the company's customers or other business associates after the termination of the employment relationship. 

The customer clause prevents a former employee from dealing professionally with the former company's customers or other business associates.
For advice on the rules concerning restrictive covenants contact legal advice in Pharmadanmark.

Included in both competition and customer clause
If you are covered by both a competition and customer clause, the same conditions of validity for other restrictive covenants still apply - however, a combined clause can be applied for a maximum of 6 months.

Salary compensation for clauses

  • A clause with a term of up to 6 months must be compensated with at least 40 percent of your salary at the time of resignation.
  • A clause with a term of more than 6 months must be compensated with at least 60 percent of your salary at the time of resignation.
  • Combined clauses must be compensated with at least 60 percent of your salary at the time of resignation.
     

The clause(s) and compensation attached to these can be terminated by your employer. However, you are entitled to a minimum of 2 months' compensation as a lump sum on your resignation.

Compensation during new employment during the term of the clause 

  • A clause with a term of up to 6 months must be compensated with 16 percent of your salary at the time of resignation.
  • A clause with a term of more than 6 months must be compensated with 24 percent of your salary at the time of resignation.
  • A combined clause is compensated with 24 percent of your salary at the time of resignation.

The rules of the Discrimination Act protect employees from being discriminated against both before employment, during employment and upon termination.
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The rules of the Discrimination Act protect employees from being discriminated against both before employment, during employment and upon termination.
It follows from the law that an employer may not directly or indirectly discriminate against employees or applicants for vacancies because of:

  • Race, skin color or ethnic origin
  • Religion or belief
  • Sexual orientation
  • National or social origin
  • Political view
  • Age
  • Handicap.
     

What is direct discrimination?
It is direct discrimination if a person due to e.g. religion, sexual orientation or disability are treated less favorably than another in a similar situation.
This means that it is direct discrimination if an employer fails to employ a person - or dismisses an employee - on the grounds that he or she has a particular religion, sexual orientation or disability.

What is indirect discrimination?
Indirect discrimination can be described as when something seems neutral at first glance nevertheless places persons of a particular race, color, religion or belief, political opinion, sexual orientation or national, social or ethnic origin, of a particular age or disability at a disadvantage compared to other people.

If, for examplean unnecessary language requirement is set for a position as a dishwasher in a restaurant, it would be indirect discrimination. The requirement to speak a certain language excludes those who do not speak the language, which is unreasonable in relation to the specific work tasks in the position of dishwasher.

An exception is, however, if the requirement - for example - the language requirement - is objectively justified for a factual purpose. It will therefore be in order if an application for a position as a German teacher requires that the applicant speaks and writes fluent German. Here it is objective to make such a claim, even if the claim affects all those persons who do not speak and write fluent German.

When does the protection against discrimination apply?
An employer may not discriminate against employees or applicants for positions in connection with employment, transfer, promotion, dismissal or with regard to pay and working conditions.

Special rules for disability
Generally speaking, it is a 'disability' within the meaning of the Discrimination Act when an employee has a long-term illness that entails long-term functional limitations that prevent the employee from working on an equal footing with other employees.

According to the law, an employer will be obliged to adapt the workplace in relation to the employee's disability. Therefore, in dialogue with the workplace, appropriate and concrete measures must be found that are necessary for the employee to be able to handle the work.

There is no exhaustive list of what is considered to be a disability within the meaning of the Discrimination Act. It will always depend on a concrete assessment of all the circumstances of the case whether the disorder entails long-term health limitations that prevent the employee from participating fully in working life.

You can e.g. suffer from back problems after a traffic accident. If the back problems limit you permanently compared to other employees, you have a disability within the meaning of the Discrimination Act. Therefore, your employer must adapt the workplace as good  as possible to your ailment. It could, for example, be when purchasing a new office chair.
Finally, contact Pharmadanmark’s Legal Department if you believe that you have been / are being discriminated or have questions about the subject.