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Compromise Agreement Template for Denmark

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Key Requirements PROMPT example:

Compromise Agreement

I need a Danish Compromise Agreement for a senior software developer leaving by mutual consent on March 1, 2025, including provisions for garden leave, share options, and ongoing confidentiality obligations regarding our AI projects.

What is a Compromise Agreement?

The Compromise Agreement is a crucial document in Danish employment law, used when an employment relationship is being terminated by mutual agreement or in circumstances where both parties wish to achieve a clean break. It serves as a comprehensive settlement document that addresses all aspects of the employment termination, including financial compensation, benefits, confidentiality obligations, and mutual releases. This agreement type is particularly valuable in situations involving senior executives, sensitive departures, or potential disputes, providing both parties with legal certainty and protection. The document must comply with Danish legal requirements and typically includes provisions for settlement payments, tax treatment, company property return, and post-employment obligations. It's essential that both parties receive independent legal advice to ensure the agreement's validity under Danish law.

What sections should be included in a Compromise Agreement?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the employment relationship and circumstances leading to the compromise agreement

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specification of the employment end date and final working day arrangements

5. Settlement Payments: Details of all payments to be made, including salary, notice pay, and special compensation

6. Tax and Social Security: Treatment of payments for tax and social security purposes

7. Company Property: Requirements for return of company property and equipment

8. Confidentiality: Obligations regarding confidential information and trade secrets

9. Full and Final Settlement: Waiver of claims and release of liabilities

10. Reference and Announcements: Terms regarding employment references and internal/external communications

11. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction

12. Execution: Signature provisions and date of agreement

What sections are optional to include in a Compromise Agreement?

1. Garden Leave: Include when the employee will be placed on garden leave during notice period

2. Post-termination Restrictions: Include when enforcing or modifying existing post-employment restrictions

3. Share Options/Benefits: Include when addressing treatment of existing share options or benefits

4. Legal Costs: Include when employer is contributing to employee's legal costs

5. Outplacement Support: Include when offering career transition services

6. Continuing Obligations: Include when specific ongoing obligations need to be maintained post-employment

7. Data Protection: Include detailed data protection provisions when handling sensitive personal data

8. Holiday Pay: Include when specific holiday pay arrangements need to be addressed

What schedules should be included in a Compromise Agreement?

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payment components

2. Schedule 2 - Company Property List: Inventory of company items to be returned

3. Schedule 3 - Existing Post-termination Restrictions: Copy of relevant restrictions from employment contract

4. Schedule 4 - Agreed Form of Reference: Template of agreed employment reference

5. Appendix 1 - Certificate of Independent Legal Advice: Confirmation of legal advice received by employee

6. Appendix 2 - Resignation Letter: Format of formal resignation letter if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Financial Services

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Chief Executive Officer

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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