- 17 Oct 2011
- Morten Langer
A no-hire agreement can most likely not be characterised as a term of employment. Therefore, employers are generally not required to inform employees about such agreements by including them in the statements of employment particulars. This follows from a recent Supreme Court ruling
The Supreme Court was not satisfied that the security consultant had been covered during his employment with the IT company by any of the no-hire agreements made between the IT company and other companies. That alone was sufficient to establish that the IT company was not required to inform the security consultant about the no-hire agreements.
Norrbom Vinding notes
- that the Supreme Court judgment implies that a no-hire agreement entered into between two employers can probably not be characterised as a term of employment within the meaning of the Danish Statement of Employment Particulars Act; and
- that, as a starting point, employers are therefore not required by the Danish Statement of Employment Particulars Act to inform employees about such no-hire agreements by mentioning them in their employment contracts; but
- that this is not a final determination of the issue since the Supreme Court seems to indicate that the issue should be referred to the EU Court.