We have the experience as well as the legal expertise. We advise all industries on labour and employment law

We advise employers and management on all aspects of labour and employment law and have experience in almost all industries. We know what is standard practice and what is best practice – and possess not just the legal expertise but also the experience to deliver excellence. A number of our specialist areas are described on this page.

Employment Law / Incentives

Contracts, dismissals, changes to terms and conditions, post-termination restrictions, etc. We advise on all aspects of employment law. In addition, we have particular experience in drafting and implementing new contractual models and carrying out collective redundancies or collective changes to terms and conditions of employment.

 

 

 

Pay packages today are often composed of a number of elements. As a result, there is an increasing need for legal advice – both in relation to determining the different elements and in a tax context.

We advise on the composition of individual pay packages, all types of benefits, flexible pay packages, bonus schemes and other incentive programmes, including employee shares and employee bonds, and in recent years whistleblowing has become a major topic. We draft privacy policies, binding corporate rules, whistleblowing systems, etc.

 

 

 

We recently …

  • Advised clients on large-scale redundancy and restructuring processes ‎
  • Assisted in setting up a global bonus system for a major group of companies
  • Assisted a Denmark-based group of companies in building and implementing a whistleblowing ‎scheme ‎
  • Worked to optimise the share-based pay schemes of a number of listed companies
  • Contributed to revising and updating employment contracts and employee policies of a number ‎of companies

 

 

 

Discrimination / differential treatment

Discrimination is currently the fastest growing practice area.

Discrimination is an issue which is very much on the mind of every employer – whether private or public. The EU regulation of the area and the advent of the Danish Board of Equal Treatment in particular have made this one of the busiest areas for firms like ours.

We advise on how to draft anti-discrimination policies, train managers and design recruitment and dismissal procedures to minimise the risk of claims. And we represent employers who are faced with discrimination claims.

Discrimination and differential treatment litigation is currently where employers in both the private and public sector face the largest claims within the area of labour and employment law, and the cases are also some of the most complicated because they involve Danish as well as EU statutory law and case law.

At Norrbom Vinding, you will have the most experienced litigators arguing your case, and we defend employers almost on a weekly basis against discrimination claims

We recently …

  • Represented the employer in the "obesity" case before the EU Court, which will set a precedent for whether an employee is entitled to rely on special dismissal protection under EU law on grounds of obesity
  • Successfully conducted a case before the Danish Supreme Court concerning the issue of whether the special Danish rules on wages for under-18s are incompatible with EU law
  • Conducted the group of test cases in the Danish Eastern High Court and and the Danish Supreme Court concerning the consequences of the EU Court’s ruling on the provisions of the Danish Salaried Employees Act with regard to redundancy pay
  • Successfully represented a client in a landmark case before the Danish Western High Court concerning the question of how far the protection of employees with disabled children can be stretched
  • Acted for clients in connection with litigation on the distinction between sickness and disability
  • Advised clients on the protection of pregnant employees, employees on maternity leave and employees undergoing fertility treatment in connection with major collective redundancy processes

Labour Law

Collective agreements and labour law are the hallmark of the Danish labour market model.

The Danish labour market is regulated mainly by agreement between the social partners

We have long-standing experience in negotiating collective agreements and advising public and private sector employers on their collective bargaining processes.

We are there when creative solutions are needed, and we are also there when employers are served with a notice of industrial action or need to serve such notice themselves.

If the collective bargaining process ends up in the State Conciliation Board on Labour Disputes, we have the experience required to negotiate for hours or days before the Board, and in the situations where it is more natural for the legal adviser not to "sit in" on the negotiations, we will act as your adviser and consultant in the "back room".

When the collective agreement has been signed, we advise on the interpretation of the agreement. In case of disputes and stoppages, we represent employers before the various industrial relations bodies: industrial tribunals, the Labour Court and the Municipal Public Servants Court.

We recently …

  • Advised a number of public and private sector employers in the pharmaceutical industry, aviation industry, energy sector and various other industries and sectors on collective bargaining processes
  • Successfully represented employers and employer organisations in a large number of industrial arbitration cases concerning the interpretation of collective agreements
  • Successfully conducted a large number of cases in the Danish Labour Court for private sector employers as well as for a major employer organisation and its individual member municipalities, some of them arising out of the industrial dispute with the teachers’ union in 2013

Public sector labour and employment law

A thorough understanding of how public sector labour and employment law interacts with public law is a prerequisite – together with a good measure of political insight – to advising clients in this area.

Norrbom Vinding acts as legal adviser to large parts of the public sector.

Labour and employment law for public authorities and businesses that are wholly or partly publicly owned is a special discipline which requires knowledge of and respect for the rules which are peculiar to public authorities, together with an equal measure of understanding of and respect for public sector culture and for the fact that public authorities and publicly owned businesses are tasked with a special mission and are under political management or control.

We have experience in all aspects of advising public sector employers in our areas of expertise and regularly provide legal opinions to public authorities, undertake investigations and carry out legal inquiries – and, of course, represent them in court.

We recently …

  • Represented Local Government Denmark and the Danish local authorities in the special complex of test cases, initially before the Danish Eastern High Court and then the Danish Supreme Court, concerning the implications of the provisions of the Danish Salaried Employees Act on termination pay
  • Advised and represented Danish municipalities and a major employer organisation in the cases to be conducted which came before the Danish Labour Court and the ordinary courts in the aftermath of the industrial dispute with the teachers’ union in 2013
  • Successfully conducted a number of cases concerning public servants and alleged discrimination and differential treatment – in the regional area
  • Successfully conducted an arbitration case concerning the justification of a municipality dismissing its chief executive
  • Successfully conducted a case before the Danish Supreme Court concerning the justification of requiring staff employed on public servant-like terms and conditions to accept being loaned out to a private transport company
  • Advised a number of public authorities on data protection

Internationally

We have 1,300 ambassadors and partners worldwide.

Labour and employment law is a legal discipline that is very national in its nature – which is all the more reason to have a strong and effective international network of legal experts.

Norrbom Vinding is a member of Ius Laboris, an alliance of law firms with labour and employment law as their core competence. The alliance is represented in 125 cities in 44 countries, most of those places with lawyers who are regarded as the best in their field.

We can provide expert advice from almost any country, and set up a cross-border expert team for international projects within the same day.

We have experience in developing and implementing terms and conditions of employment and remuneration structures across national borders and in advising employers who wish to set up business in a given country. We also provide ongoing legal advice to transnational companies.

Norrbom Vinding also works closely together with a large number of other law firms around the world. Our strong network builds on many years of cooperation in cross-border projects and more than 20 years of active participation in the Human Resources Section of the International Bar Association (IBA). Most recently, we were one of the promoters of the Global Employment Institute (GEI).

We recently …

  • Advised an international enterprise on major collective redundancies, reorganisations and outsourcing etc. in several countries
  • Advised an international group of companies on a new global bonus system
  • Assisted a number of foreign companies with their implementation of whistleblowing policies in Denmark
  • Assisted foreign companies with the introduction of cross-border bonus and incentives systems

 

Data protection

DATA PROTECTION is an ever increasing field of legal advice

The demand for data protection advice has increased explosively in recent years – and on this area, too, we are highly specialised.

We advise on all aspects of data protection law, including with a particular focus on the HR aspects of the area. This includes advice on data transfers between consolidated companies and outsourcing partners, international data transfers and Binding Corporate Rules (BCRs).

In addition, we advise on the implementation and management of whistleblowing systems and privacy policies as well as on the special aspects of social media in this regard. Employee monitoring and supervision, employers' duty to inform and subject access requests are also areas of expertise for us, and we also assist clients with filings and appeals to and inspections by the Danish Data Protection Agency. Our clients are private businesses and public authorities.

We recently …

  • advised a multinational company on the implementation and management of a global whistleblowing system in a number of different jurisdictions
  • drafted privacy policies with a focus on HR-specific challenges
  • advised a public authority on the exchange of employee data etc.
  • analysed issues concerning disclosure of data in the medical industry
  • contributed to mapping the data flow in a major company, including for general compliance purposes
  • advised on data transfers between consolidated companies, including to third countries
  • held a large number of courses etc. targeted at HR employees

 

LITIGATION / INVESTIGATIONS / LEGAL INQUIRIES

Litigation and investigations and legal inquiries are specialist areas in their own right, and when they involve employment-related issues we offer unique capabilities.

Norrbom Vinding is unrivalled in its position as the law firm in Denmark which most often represents employers and management in the national courts on labour and employment-related issues. Several times each week we argue our clients' cases before the civil courts, the Labour Court, the public servants courts, industrial tribunals, dismissals tribunals, etc.

Moreover, we often carry out legal investigations and independent legal inquiries.

We recently …

  • Successfully conducted a landmark case before the Danish Supreme Court on whether the special provisions of the Danish Anti-Discrimination Act concerning wages to under-18s are incompatible with EU law
  • Successfully conducted a case before the Danish Supreme Court on pensions – more specifically, the interpretation and construction of the contractual regulation of pensions for municipal employees
  • Conducted a number of cases before the Danish Board of Equal Treatment and the ordinary courts concerning dismissal of pilots due to age
  • Represented Local Government Denmark and the Danish local authorities in the special complex of test cases, initially before the Danish Eastern High Court and then the Danish Supreme Court, concerning the implications of the provisions of the Danish Salaried Employees Act on termination pay
  • Conducted or arbitrated a number of cases about managers and executives
  • Conducted an arbitration case concerning copyrights governed by a collective agreement

TAX / SOCIAL SECURITY / PENSIONS

In many cases, labour and employment law issues cannot be assessed only from a labour and employment law perspective.

To a large extent, and increasingly so, it is necessary to also consider the multitude of complicated tax and social security issues which exists in labour and employment law.

In order to be able to handle and solve a given problem in the best way possible, it is often important to make a combined assessment of the labour and employment law aspects and the tax and social security law aspects instead of making separate assessments of the two legal areas.

Among other things, we advise on benefits, share-based pay and other incentive pay and tax in connection with expatriation and repatriation, and we represent our clients before the Danish National Tax Tribunal and before the courts.

With regard to social security, we also advise on the many issues of importance to whether an employee ‎is subject to Danish or foreign social security and on the contractual regulation which may be necessary ‎for an employer to avoid incurring large expenses for social security abroad‎.

we advise on all tax law issues involved in our labour and employment law advice


As regards pensions – and in tandem with the growth of labour market pension schemes, the growth of corporate pension schemes and not least the increased focus on pension promises in general – the need for our advice has increased and we have seen a significant increase in the number of clients turning to us for advice or representation in court.

We advise on matters relating to pension funds, pension cover, interpretation of pension promises and pension schemes, including labour market pension schemes. We also advise on pension issues in the context of dismissals, expatriation and repatriation as well as in connection with changes – and especially on tax-related pension issues. 


We recently …

 

  • Represented a Scandinavian group of companies before the tax authorities concerning the tax qualification of compensation sums paid under the Danish Anti-Discrimination Act
  • Advised a company in the offshore industry about social security in relation to employees working on ‎the continental shelves of different EU countries
  • Advised an air transport company on a number of social security issues for employees resident in ‎Denmark or abroad, including with regard to demands for payment of employer contributions to ‎Swedish social security‎‎
  • Advised clients in the financial and public sector on the tax treatment of special employee benefits, share-based pay and incentive pay
  • Successfully conducted a case before the Danish Supreme Court on whether pension funds are entitled to deny members admission under a labour market pension scheme for paying their contributions too late
  • Advised clients on the interpretation of collective agreements with regard to pension matters
  • Assessed the relationship between pension provisions and the provisions of the Danish Anti-Discrimination Act