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Svar: Employer offered unpaid leave to work on my own company

iffi — Thu, 01 Mar 2018 13:20:40 GMT

Your answers help.

Thank you very much!

Svar: Employer offered unpaid leave to work on my own company

nikokj — Thu, 01 Mar 2018 01:36:25 GMT

About unemployment benefits contact your A-kasse they will know exactly how you stand in the decision you describe.

About your contract with current employeer. It’s important that your agreement mentions that you will still be considered under contract with the firm while you are starting your own company, but you won’t get paid in the period. You can come back anytime to your current employeer and receive the same salary as previously. Your agreement doesn’t change or reset your rights regarding holiday leave, notice period or anything else regarding “funktionærloven”.

In case you are member of a fagforening (employee union) most lf them offers free advise or help from their legal employees. Might be a good idea for them to check your written agreement with your current employeer in case it goes wrong.

Svar: Employer offered unpaid leave to work on my own company

Cookie - John Hannover — Wed, 28 Feb 2018 23:44:58 GMT

Yes with an IVS you take out salary and make report to tax as a company each tie so to pt 1 -YES

If you are to invoice the present employer then doing it through an IVS is not tax acceptable and can give more than 100% tax - as you cannot read danish probably this is no good to you http://johnhannover.blogspot.dk/2013/01/lnmodtager-honorarmodtager-eller.html but do not go from employed to invoicing from an IVS

If you then resign - if it dot not work - you will need to close the IVS and that is not so easy and time consuming - and will be in quarantaine from unemployment benefit - and there are costs - must have work - damage insurance compulsory + not necessarily easy and not free of charge bank - but do NOT go from employed to IVS invoicing that can cost you a lot. IF anything at all - go to personal company and not limited company for sure

Do go to an auditor or lawyer with tax knowledge -

br John H

Svar: Employer offered unpaid leave to work on my own company

iffi — Wed, 28 Feb 2018 23:28:26 GMT

Thank you John.

The company is IVS. So I won't be able to get salary from my own company for that period? Do I need to be an employee in my own company as well?

Will I be considered self employed or employee during that period?

There is a gaurantee to resume the job. If not after 6 months, then I have to resign. Need to find the terms on that.

I believe I will keep my seniority, meaning that employer has to give 6 months notice normally but it might not be fair for them if need to do that if I dont come back to work.

My purpose is:

1) be able to give me salary for that 6 months period from my own company

2) There must not be any gaps during employment due to this.

If that is not possible with this offer ten I must resign...any suggestion on that?

Svar: Employer offered unpaid leave to work on my own company

Cookie - John Hannover — Wed, 28 Feb 2018 23:13:45 GMT

1 In order to get unemployment fund based on the income you had as employed, then you will no doubt have to close down you company/CVR/enkeltmands - which is fairly easily done

2 no as owner of personal company you do not have salary but are taxed on profit as B income (just same as A same tax deductions but - you make at tax declaration and pay tax based on that)

3 have not understood if there is a guarantee that you can resume your job after 6 month - are obliged to so maybe even - but the contract should of course reflect what ever is agreed - with respect for both parties - maybe a lawyer og HR specialist should help
you need to find out what is good for you - maybe you should have been granted X months notice - which the employer now is free from - and what does that mean to committing to re-employing you in 6 month - and more?

br John Hannover

Employer offered unpaid leave to work on my own company

iffi — Wed, 28 Feb 2018 23:02:32 GMT

Hi there,

I have a few questions regarding my situtaion and need some suggestions.

I am a full time employee in a company in Copenhagen since 2009.

Instead of resigning, employer has offered me to get unpaid leave for 6 months to work on my own company with the possibility to come back to work in case my own company does not work. Sounds a great offer!

I am a member of Akasse and have a matured salary insurance (lønforsikring).

For those 6 months where I will be working full-time in my own company, I will not be getting any salary from my current employer. Fair enough.

I plan to get salary from my own company for that period.

Questions are:

1) Will I be Self-employed or employee?

2) If my company goes down after lets say 4 months and lets assume employer has also 'fired' me during unpaid leave / after a few months I go back to my full time job, what would that mean for Akasse. Will I be able to get unemployment fund (provided that I will be available for full time job)?

3) Will I be able to use my tax card (which type) to get full time salary from my own company for that 6 months period?

4) Any sugestions about this situation e.g. what should be written in the agreement with the employer...

Thank you very much for your help

Regards

Iffi