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EXPATRIATE SERVICE AGREEMENT
For salaried employees expatriated for up to 3 years
This agreement must be tailored individually to the specific employment
The text written in italic is only advisory and should be deleted before the agreement is handed over to the employee
1. Parties
This expatriate service agreement has been entered into by the employer (the Enterprise)
NAME:______
ADDRESS:______
PHONE NO.:______
COMPANY REG. NO.:
______
and the employee (the Employee)
NAME:______
ADDRESS DURING THE EXPATRIATION:
______
______
CIVIL REG. NO.:
______
ADDRESS IN DENMARK, IF ANY:
______
At any time the Employee shall keep the Enterprise informed of any changes of address – both in Denmark and abroad.
on the following terms:
2. Position
The Employee shall be expatriated as: ______
Please enclose job specification, if available.
During the expatriation, the Employee shall report to: ______
3. Workplace
Address of the workplace:______
or changing workplaces
(Please state head office or business address)______
The Employee may be seconded in the expatriation period.
Immediately after arriving to the workplace, the Employee shall contact:
______
for further agreement on commencement of work.
The Employee shall report on the work to:
______
4. Period
Seniority shall be calculated as from:______
Date of commencement of the expatriate service agreement: ______
The expatriation shall cease without further notice on:______
unless the agreement is renewed in writing.
5. Notices of termination
In the expatriation period, the employment shall be terminable by either party at the notices stated in the Danish Salaried Employees Act
It is agreed that the Employee can be given one month’s notice for expiry of the employment at the end of a month if the Employee has received his or her salary during periods of illness for a total period of 120 days during any period of twelve (12) consecutive months.
6. Working hours
The normal weekly working hours excluding lunch shall be: ______always provided that the Employee shall follow the local daily working hours.
Public holidays in the work country shall also be holidays for the Employee whereas Danish public holidays shall not.
Overtime work may occur as part of the job.
7. Salary, etc.
The salary shall be ______per month, which shall be paid in the following currency: ______
The salary shall be paid in arrear every month and shall be paid in the following manner: ______
The following has been agreed on overtime work:
No separate payment shall be made for overtime work
Other: ______
______
The following has been agreed on possible assessments and adjustments of the salary:______
Contact person in Denmark regarding financial circumstances:
______
8. Pension
If the parties have agreed on pension, please state how and the amount of which the pension is calculated.
The following has been agreed on pension:
______
______
9. Other benefits
e.g. phone, fax, car, possible visiting trips
______
______
______
10. Residence/accommodation
If the Enterprise provides a residence, the following has been agreed on size/nature/rent/consumption expenses, etc.:
______
______
______
11. Travelling allowance, entertainment during the expatriation, etc.
Mileage allowance, travelling, transport otherwise, etc. are refunded as follows:
e.g. hotel, meals, entertainment and mileage logged:
______
______
______
12. Moving
The Enterprise
shall pay
shall not pay
the costs related to moving furniture to and from the expatriation place at the commencement and cease of the expatriation period, see clause 4:
______
______
If these costs are paid by the Enterprise, they shall not exceed: ______
Costs related to moving furniture from the expatriation place to Denmark shall be paid by the Enterprise when the expatriation period agreed has expired, see clause 4, provided that the agreement has not been terminated or cancelled during the period. However, the Enterprise shall pay the costs of vacation if the expatriate service agreement is terminated by the Enterprise in the expatriation period for reasons not caused by the Employee.
13. Holidays
Holidays shall be qualified for and taken according to
the rules of the Danish Holidays Act.
other rules ______
(On expatriation to another EU country, the rules of this country on the minimum number of paid holidays per year shall be applicable if these rules are more favourable to the Employee than the Danish rules for holidays).
14. Family
Circumstances of trailing spouse/children, etc.
______
15. Illness and death in the family
In the case of potentially lethal illness or death of the Employee’s closest relatives, time off work may be granted for an agreed period. After assessing the specific situation, the Enterprise will pay, in whole or in part, the costs of transport to Denmark for the Employee (without or without the Employee’s spouse)
According to this provision, the costs of transport to Denmark are paid subject to written approval by:
______
The term “closest relatives” means:
______
16. Tax situation
It is recommended to settle the tax situation before expatriation of the employee, possibly by contacting an accountant. It should be clarified who must pay the expenses and the possible limits related to this.
The Enterprise undertakes to withhold provisional tax according to the rules applying to the expatriation? yes no
Except for a possible withholding of provisional tax, the Employee shall pay tax to the competent tax authorities.
Other agreements, if any: ______
17. Insurance
The Enterprise shall take out the following policies in the expatriation period:
______
______
The Employee shall take out the following policies in the expatriation period:
______
______
18. Certificates and permissions
This expatriate service agreement has been entered into assuming that it is possible to have the permissions/certificates necessary for the expatriation issued, including in particular a residence and work permit, and a visa, if necessary.
The Enterprise shall provide the following certificates/permissions:
______
______
The Employee shall provide the following certificates/permissions:
______
______
On expatriation to an EEA county,
______
The Enterprise/the Employee
shall obtain certificates from the Danish Directorate of Social Security and Assistance according to the EU regulation on social security.
19. Illness and vaccinations
Before departure, the Employee shall have the following vaccinations:
______
______
paid by the Enterprise
paid by the Employee
It is a precondition for the commencement of this agreement that a traveller’s health insurance policy can be taken out at a normal premium.
Illness shall be reported as soon as possible after occurrence to:
______
Name of contact person in case of illness of the Employee:
______
20. Other employment
During the expatriation, the Employee shall use his or her full working capacity in the Enterprise and may undertake other paid/occupational employment on written approval only.
21. Duty of silence
The Employee shall be under secrecy on the trade secrets of the Enterprise and may not disclose or use such secrets without authorisation even if they have come to his or her knowledge lawfully. The duty of silence shall last for three years after the termination of the employment. Reference is made to section 10 of the Danish Marketing Practices Act, which shall apply in its entirety.
22. Patents/inventions/patterns/copy right
______
______
23. Client and competition clauses
______
24. Acts and collective agreements
The Danish Salaried Employees Act shall apply in the expatriation period.
No collective agreements shall apply during the expatriation.
25. Termination of the agreement
The following has been agreed if the Employee terminates this agreement before the expiry agreed on the expatriation (see clause 4): What happens to the residence/accommodation, car and furniture?
______
See clause 12 about moving home.
26. Return to Denmark
After the expatriation period, the Employee will continue working with the Enterprise in Denmark or in another expatriation position.
Typically used when the employee is employed by the enterprise before the expatriation.
The Enterprise cannot pre-guarantee employment of the Employee after the expiry of the expatriation period.
Typically used when the employee is not employed by the enterprise before the expatriation.
27. Disagreements
Any disagreements arising out of this agreement shall be settled by Danish law before a Danish court. During the expatriation, disagreements shall be settled by the competent court in the venue of the Enterprise.
28. Previous agreements
This agreement shall supersede all former agreements between the Enterprise and the Employee.
29. Other matters
______
______
______20__
Place
______
The EnterpriseThe Employee
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