Denmark has recently adopted several new rules governing
restrictive covenants in employment. Originally introduced as Bill
196 in April 2015 by Employment Minister Jorn Neergaard Larsen,
implementation was delayed for several months due to the calling of
a general election until finally being passed in December. With the
new rules, which took effect on January 1st, Denmark has opted to
take a decidedly pro mobility stance by sharply limiting the use of
restrictive covenants in order to make it easier for employees to
change jobs. In terms of content, under the new guidelines,
employers may no longer restrict other employers and
current/previous employees from soliciting away other employees.
The new rules will apply to all employees whose contracts contain
restrictive covenants, including managing directors.
