Employment & labour law

Horten is specialised in negotiation and interpretation of executive service agreements. We also have wide experience in incentive programmes, severance agreements and sales contracts, etc. In case of a dispute arising in relation to the content of an executive service agreement or termination or violation thereof, we have wide experience conducting litigation and arbitration. Our many years of experience advising executives and boards of directors means that we have distinct knowledge of the "executive levels" in relation to not only remuneration, but also regulation in other areas.

Executive service agreements are to an increasing extent an international matter. Foreign companies headhunt Danish executives and vice-versa. By virtue of our close international co-operation, we can provide valuable insight into international employment law and advise our clients on the executives' employment from a global perspective.

We not only draft standard contracts, but also ensure that the executive service agreements and the contracts of key employees are adapted to the company's business, industry and market terms. Our attorneys have many years' experience developing solutions that meet the requirements of executives without weakening the company's navigation options.

Horten has detailed knowledge of collective labour law, including the special conditions applicable to companies covered by collective agreements.

We have many years' experience negotiating and interpreting collective agreements and conducting litigation on such agreements before the Labour Court and by industrial arbitration. 

We also have wide experience within termination of employment contracts covered by collective agreements, including negotiations with unions and litigation before industrial tribunals.

Horten has many years’ experience advising on the protection of business secrets by way of:

• Secrecy agreements
• Non-competition and non-solicitation clauses
• Intellectual property rights
• Employee inventions. 

We also assist in cases where employees or executives violate the competitive duty of loyalty, e.g. by attempting to copy the company's products and/or steal the company's business secrets. In this situation, it is of vital importance to react promptly on the violation and implement a strategy to protect the company's secrets, including dismissal, the issue of a restraining injunction, preservation of evidence and damages.

The protection of business secrets does not always respect borders. By virtue of our close international co-operation, we have easy and prompt access to local expertise in many countries across the world.

Our experts are experienced in the strategic and practical handling of disputes, including negotiations and settlement discussions. Our wide business experience contributes to creating permanent and custom-made solutions.

Horten also has considerable experience in litigation before the Labour Court, arbitration tribunals and the ordinary courts.

In addition, we are often appointed arbitrators both in relation to institutional and ad hoc arbitration.

Horten has detailed knowledge of incentive pay as part of the remuneration of executives, board members and key employees. We advise on the choice of remuneration form, including pros and cons compared to other programmes, and we assist with the drafting, implementation and updating and interpretation of chosen programmes.

Common to these programmes is that the consequences in terms of employment and labour law, tax law and corporate law must be carefully assessed before introducing a programme.  We have the necessary experience and expertise both in relation to employment and labour law, tax law and corporate law.

Correct handling of termination or summary dismissal of one or more employees requires care, skill and experience. We aim at minimizing the emotional and financial costs in connection with termination of employment, and we draft strategies ensuring a satisfactory solution to all parties. If this is not possible, we may conduct litigation before the courts or arbitration tribunals.

Horten advises Danish and international companies on all legal aspects of national and international secondment/posting, including contracts, taxation and pension, social security and residence and work permits. We have wide experience interpreting and understanding EU law and the rules applicable in the rest of the world.

Horten handles the challenges in relation to employees' pregnancy, maternity/parental leave, etc.

Our attorneys are also specialised in advising employers on the specific challenges of prohibitions against discrimination due to age and disability, including the special adaptation obligations. We have wide experience handling e.g. termination and the adaptation obligations to be observed by the employer when an employee is functionally impaired due to a disability.

We often hold conferences on these subjects, and if it is not possible to reach an amicable solution to a dispute, we also assist by bringing legal action before the courts or industrial tribunals.

Horten has in-depth experience as an adviser in connection with transfers of businesses. Our employment law experts assist with sparring, advice and due diligence in close co-operation with Horten's M&A team. Our experience is based on a large number of mergers, acquisitions and transfers within both the private and the public sector, including the supply sector.

Horten provides advice in the employment phase, during employment and in connection with termination of employment. We have wide experience negotiating and interpreting employment contracts and drafting staff policies.

Our expertise in relation to employment contracts and staff policies is not limited to Danish standards. Our experts have in-depth knowledge of international employment and develop permanent solutions to international companies in close co-operation with our foreign colleagues.

Horten is the leading law firm within working environment and discrimination. Our experts have wide experience in issues relating to both the physical and the psychological working environment and assist clients understanding the working environment in order to create a basis for a good and healthy working climate.

We assist by drafting compliance programmes and procedures ensuring observance of legal requirements thereby minimizing the risk of litigation on e.g. equal treatment and discrimination. We also have many years' experience conducting litigation on working environment.

Horten has special expertise in industrial injuries. Our experience is based on a substantial number of cases concerning industrial injuries, acting as an adviser to primarily insurance companies, but also to municipalities, regions and private and public companies.

We have special expertise within:

• Assessment of liability, including liability for the psychological working environment and psychological injuries
• Claims for damages
• Industrial injuries caused by the employer's fitting up of the workplace, the organisation of the work or the lack of instruction and supervision.
• Industrial injuries in connection with the use of machines, technical aids, protective equipment scaffolding, ladders and lifts.
• Contributory negligence, limitation of actions and inactivity
• Standard of evidence in relation to industrial injuries
• Severance of claims for damages and municipalities' consequential claims with the possibility of recourse.