Employer offered unpaid leave to work on my own company

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

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?

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

Your answers help.

Thank you very much!