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Non Employment Declaration Form Template for Denmark

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Key Requirements PROMPT example:

Non Employment Declaration Form

I need a Non Employment Declaration Form for a Danish IT consultancy company that will be engaging multiple software developers as independent contractors starting March 2025, with specific emphasis on their rights to work for multiple clients and use their own equipment.

What is a Non Employment Declaration Form?

The Non Employment Declaration Form is essential in the Danish business environment where clear distinction between employment and independent contractor relationships is crucial for legal and tax purposes. This document is typically used when engaging independent contractors, freelancers, or consultants to provide services to a company, particularly in situations where there might be a need to clearly establish the nature of the working relationship. It helps ensure compliance with Danish employment, tax, and social security laws while protecting both parties from potential misclassification issues. The form includes comprehensive declarations about the independent nature of the work, tax obligations, and social security responsibilities, aligned with Danish legislation and business practices. It's particularly relevant in cases where the working arrangement might have characteristics that could otherwise be interpreted as employment.

What sections should be included in a Non Employment Declaration Form?

1. Declarant Information: Full identification details of the individual making the declaration, including name, business address, CVR number (if applicable), and contact information

2. Company Information: Details of the company to whom the declaration is being made, including company name, registration number, and address

3. Declaration of Independent Contractor Status: Clear statement that the declarant is acting as an independent contractor and not an employee, with specific mention of the nature of the business relationship

4. Key Characteristics of the Relationship: Explicit statements about factors that demonstrate independent contractor status (e.g., control over work methods, multiple clients, own tools/equipment)

5. Tax Status Declaration: Confirmation of understanding regarding tax obligations and responsibility for own tax payments

6. Social Security Status: Declaration regarding understanding of social security implications and responsibilities

7. Legal Compliance Statement: Confirmation of compliance with relevant Danish business and tax regulations

8. Verification and Signature: Date, signature section, and statement of truth regarding the declarations made

What sections are optional to include in a Non Employment Declaration Form?

1. Specific Project Reference: When the declaration relates to a specific project or contract, details of the particular work arrangement

2. Professional Qualifications: When relevant to the service provided, details of professional certifications and qualifications

3. Insurance Declarations: When required by the company, statements about maintaining necessary business insurance

4. Exclusivity Statement: When needed, confirmation that there is no exclusivity arrangement that might suggest employment

5. Prior Employment Declaration: When the contractor was previously employed by the company, statement about the termination of that relationship

What schedules should be included in a Non Employment Declaration Form?

1. Business Registration Documentation: Copies of relevant business registration certificates and VAT registration if applicable

2. Professional Insurance Certificates: If required, copies of relevant insurance policies

3. Service Description: When applicable, detailed description of the services to be provided as an independent contractor

4. Previous Contracts Declaration: If relevant, list of previous contractual relationships with other clients to demonstrate independent contractor status

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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Freelance Consultant

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