Denmark: non-hiring clauses are legal if the employer gets the employees’ consent

Danish companies must now get the written consent of the employees concerned for non-hiring clauses (jobklausuler) to be valid, says a new law enforced on July 1, 2008. Unions wanted these clause, which slow occupational mobility on the labor market down, to be removed. (Ref. 080766)
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The law on using non-hiring clauses proposed by the Minister of Labor, Claus Hjort Frederiksen (see our dispatch No. 080464) was adopted in June and came into effect on July 1. Until then, these clauses were signed in secrecy, behind the concerned employee’s back, not only between two companies promising not to employ each other’s employees, but also between and company and a former collaborator promising not to employ former colleagues at his new job. Unions objected to these clauses and wante

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