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ICLG

The International Comparative Legal Guide to: Employment & Labour 2019

9th Edition A practical cross- insight into employment and

Published by Global Legal Group, with contributions from:

A. Lopes Muniz Advogados Associados Filion Wakely Thorup Angeletti LLP MJM Limited ACG International GANADO Monereo Meyer Abogados Al Hashmi Law GERLACH Rechtsanwälte Mori Hamada & Matsumoto Amit, Pollak, Matalon & Co. Hamdan AlShamsi and ONV LAW AnJie Law Firm Legal Consultants People + Culture Strategies BAS - Sociedade de Advogados, SP, RL Hassan Radhi & Associates Porzio Ríos García Carnelutti Law Firm Hogan Lovells R&T () Limited CDZ Legal Advisors Homburger Rátkai Law Firm Cheadle Thompson & Haysom Inc. Attorneys Hughes Hubbard & Reed LLP SANDIVA Legal Network Debarliev, Dameski & Kelesoska, Koushos Korfiotis Papacharalambous LLC Seow & Associates Attorneys at Law Lakshmikumaran & Sridharan SEUM Law Deloitte Kosova Sh.p.k. Latournerie Wolfrom Avocats Udo Udoma & Belo-Osagie Deloitte Legal Sh.p.k. Law firm Šafar & Partners, Ltd Waselius & Wist DQ Advocates Limited Lewis Silkin Winkler Partners Egorov Puginsky Afanasiev & Partners Elmer Sandager Law Firm LLP EmpLaw Advokater AB Lydian Esenyel|Partners Lawyers & Consultants McCann FitzGerald Etude Jackye Elombo Meridian Law The International Comparative Legal Guide to: Employment & Labour Law 2019

Country Question and Answer Chapters:

1 Deloitte Legal Sh.p.k.: Sabina Lalaj & Ened Topi 1

2 People + Culture Strategies: Joydeep Hor & Therese MacDermott 11

3 GERLACH Rechtsanwälte: Roland Gerlach & Markus Loescher 18

Contributing Editors 4 Bahamas Meridian Law Chambers: Dywan A. G. R. Rodgers 24 Stefan Martin & Jo Broadbent, Hogan Lovells 5 Hassan Radhi & Associates: Ahmed Abbas & Sayed Jaffer Mohammed 30 Sales Director 6 Lydian: Jan Hofkens & Alexander Vandenbergen 37 Florjan Osmani 7 Bermuda MJM Limited: Fozeia Rana-Fahy 44 Account Director Oliver Smith 8 A. Lopes Muniz Advogados Associados: Antônio Lopes Muniz & Sales Support Manager Zilma Aparecida S. Ribeiro 51 Hayward 9 Filion Wakely Thorup Angeletti LLP: Carol S. Nielsen & Cassandra Ma 58 Sub Editor Jane Simmons 10 Porzio Ríos García: Ignacio García & Fernando Villalobos 65

Senior Editors 11 AnJie Law Firm: Zhenghe Liu & Samuel Yang 71 Caroline Collingwood Rachel Williams 12 Koushos Korfiotis Papacharalambous LLC: Loucas Koushos &

CEO Marilia Ioannou 79 Dror Levy 13 Lund Elmer Sandager Law Firm LLP: Møller Nielsen &

Group Consulting Editor Julie Flindt Rasmussen 88 Alan Falach 14 Waselius & Wist: Jouni Kautto 97 Publisher Rory Smith 15 Latournerie Wolfrom Avocats: Sarah-Jane Mirou 103 Published by 16 Hogan Lovells: Dr. Kerstin Neighbour & Dr. Tim Gero Joppich 112 Global Legal Group Ltd. 59 Tanner Street 17 Lewis Silkin: Kathryn Weaver & Catherine Leung 119 SE1 3PL, UK Tel: +44 20 7367 0720 18 Rátkai Law Firm: Ildikó Rátkai 127 Fax: +44 20 7407 5255 Email: [email protected] 19 Lakshmikumaran & Sridharan: Neeraj Dubey & Rohit Subramanian 134 URL: www.glgroup.co.uk 20 SANDIVA Legal Network: Arthur Sanger & Allova Herling Mengko 143 GLG Cover Design F&F Studio Design 21 Ireland McCann FitzGerald: Mary Brassil & Stephen Holst 149 GLG Cover Image Source 22 DQ Advocates Limited: Leanne McKeown & Jessica McManus 157 iStockphoto Printed by 23 Amit, Pollak, Matalon & Co.: Rachel Harari-Lifshits & Naama Babish 165 Stephens & George April 2019 24 Carnelutti Law Firm: Giuseppe Bulgarini d’Elci & Marco Sartori 173

Copyright © 2019 25 Mori Hamada & Matsumoto: Shiho Ono & Yuko Kanamaru 182 Global Legal Group Ltd. All rights 26 Korea SEUM Law: Steve Ahn & Byungil Lee 192 No photocopying 27 Deloitte Kosova Sh.p.k.: Ardian Rexha & Vjosa Misini 199 ISBN 978-1-912509-64-5 ISSN 2045-9653 28 Etude Jackye Elombo: Jackye Elombo 205 Strategic Partners 29 Debarliev, Dameski & Kelesoska, Attorneys at Law: Emilija Kelesoska Sholjakovska & Ljupco Cvetkovski 212

30 Seow & Associates: Jessie Tan Shin Ee & Joel Prashant 220

31 GANADO Advocates: Dr. Matthew Brincat & Dr. Lara Pace 228

32 Hogan Lovells: Hernández-Ojeda Alvírez & Luis Ruiz Gutiérrez 236

33 BAS - Sociedade de Advogados, SP, RL: Pedro Madeira de Brito & Lara Tarciana Sousa dos Mucudos Macamo 243 PEFC Certified

This product is from sustainably 34 ACG International: N. Nordmann & Fadi S. Fahad 250 managed forests and controlled sources

PEFC/16-33-254 www.pefc.org 35 Udo Udoma & Belo-Osagie: Jumoke Lambo & Mary Ekemezie 258

Continued Overleaf

Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720

Disclaimer This publication is for information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations.

WWW.ICLG.COM The International Comparative Legal Guide to: Employment & Labour Law 2019

Country Question and Answer Chapters: 36 Al Hashmi Law: Omar Al Hashmi & Syed Faizy 265

37 CDZ Legal Advisors: Piotr Kryczek 271

38 BAS - Sociedade de Advogados, SP, RL: Dália Cardadeiro & Alexandra Almeida Mota 279

39 ONV LAW: Mihai Voicu & Alina Arseni 287

40 Egorov Puginsky Afanasiev & Partners: Anna Ivanova & Olga Tyangaeva 295

41 Law firm Šafar & Partners, Ltd: Martin Šafar 302

42 South Cheadle Thompson & Haysom Inc. Attorneys: Shamima Gaibie & Paul Benjamin 311

43 Monereo Meyer Abogados: Monika Bertram & Patricia Rivera Almagro 319

44 EmpLaw Advokater AB: Annika Elmér 326

45 Homburger: Dr. Balz Gross & Dr. Gregor Bühler 332

46 Winkler Partners: Christine Chen 340

47 Thailand R&T Asia (Thailand) Limited: Supawat Srirungruang & Saroj Jongsaritwang 345

48 Esenyel|Partners Lawyers & Consultants: Selcuk S. Esenyel 353

49 United Arab Hamdan AlShamsi Lawyers and Legal Consultants: Hamdan Al Shamsi 359

50 Hogan Lovells: Stefan Martin & Jo Broadbent 365

51 USA Hughes Hubbard & Reed LLP: Ned Bassen & Nathan Cole 372 Chapter 13 Denmark michael møller nielsen

Lund Elmer Sandager Law Firm LLp Julie Flindt rasmussen

1 Terms and Conditions of Employment As a general rule, a managing director will fall outside the scope of the Danish adopted for the protection and safeguarding of employees; this is also the case for the self-employed. 1.1 What are the sources of employment law? 1.3 Do of employment have to be in writing? If The main sources of employment law are , collective not, do employees have to be provided with specific bargaining agreements and individual and . information in writing? Regulation of such law is influenced by the implementation of Directives to the national law. The individual employment agreement can be contracted in writing, orally or tacitly. It is not a legal requirement for an employment relationship to be established in a written contract in to be 1.2 What types of worker are protected by employment valid. The employer must, however, within one month after law? How are different types of worker distinguished? commencement of employment, provide the employee with a written statement of all of the material terms of employment and at Generally, Danish employment law distinguishes between three least: main groups of employees: i) the and of the employer and the employee; i) white- employees; ii) the place of work; ii) -collar workers; and iii) the ; iii) managing directors responsible for the day-to-day management of a company or people who are self-employed. iv) the employment commencement date; v) if a fixed term employment, the expected duration of The terms and conditions of white-collar employees, as well as their employment; protection in each employment relationship, are typically regulated by the Danish Salaried Employees Act and are also reflected in the vi) holiday entitlements; individual terms of employment contracts. vii) periods of notice; Certain groups of typically non-academic white-collar employees viii) the agreed salary; (primarily office and administrative staff, as well as sales assistants) ix) working hours; and are – depending on the industry and in addition to the aforementioned x) any collective bargaining agreements applicable. regulation – typically comprised by collective bargaining agreements. If the terms of employment are materially amended, written On the other hand, blue-collar workers are to a large extent covered information reflecting the amendments must be issued within one by collective bargaining agreements. The Danish labour is month of the change coming into effect. characterised by a long tradition of employer and negotiations regarding collective bargaining agreements for blue- 1.4 Are any terms implied into contracts of employment? collar workers. The agreements between the labour market organisations ensure protection in employment. There are not many implied terms as typically all material terms are An increasing number of statutory apply to all kinds of workers to be agreed in writing, however, some terms of unwritten law apply due to the influence of the European Union. EU regulation can be to all employment relationships, the most important implied term implemented through law (mandatory) and, typically, through being the . collective bargaining agreements. Workers who are not subjected to the Salaried Employees Act or a collective bargaining agreement are The duty of loyalty means that the employee may not undertake any not protected in employment against unfair dismissal. activities deemed to be in competition with the employer. In addition, the employee is prohibited from performing any acts An important distinction in Danish employment law is made which could potentially be detrimental to the employer. between employees and managing directors (and the self- employed). According to the Danish Companies Act, managing directors are responsible for the day-to-day management of a company and are not subjected to instruction under the principles of the managerial right.

88 www.iCLg.Com iCLg To: EmpLoymEnT & LAbour LAw 2019 © Published and reproduced with kind permission by Global Legal Group Ltd, London . Areemployersrequiredto setupworkscouncils?If 2.4 trade unions’ righttotakeindustrialaction. protecting rules written specific no are there such as and Industrial the under law case in developed mainly are rules These Arethereanyrulesgoverningatradeunion'srightto 2.3 by protected agreements andcollectivebargaining rights agreements. particular any market’smain labour the have from rights their derive They legislation. not do unions Trade Whatrightsdotradeunionshave? 2.2 the may industrial employer beforcedtorecognisecollectivebargaining. through only and bargaining representatives collective lay of the of as recognised generally are representatives union trade agreements, Outside unions. trade of recognition the on general have not do Denmark, In Whataretherulesrelatingtotradeunionrecognition? 2.1 effect onindividualtermsofemployment. spillover a have typically will agreements these in regulation the legislators Danish terms of employment. Outside of collective bargaining agreements, . individual industry regulating legislation adopting from refrain traditionally such at agreements; decided bargaining are collective agreements in agreed extent a large to are conditions employment that provides model Danish The To whatextentaretermsandconditionsof 1.6 Denmark maximum working a week of 48 hours sets based on a consecutive regulation fou time working Furthermore, entitlement totake25holidaysperholidayyear. the and employment of month per holiday paid of days 2.08 grants which Holiday Act Danish the by protected also are employees All on RestrictiveCovenants. Act Danish the in regulated are covenants restrictive Additionally, pay, sickpayandmaternityleaveentitlements. severance dismissal, unfair of case in compensation periods, notice of length on rules mandatory Employees contains Salaried Act The Areanyminimumemploymenttermsandconditions 1.5 Lund ElmerSandagerLawFirmLLp © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London iCLg To:EmpLoymEnT &LAbourLAw 2019 collective to subject employers on imposed only is obligation Such councils. works local establish to required not are Employers EmployeeRepresentationandIndustrial 2 Relations such bodies?Howareworkscouncil representatives so, whatarethemainrightsandresponsibilities of Does bargainingusuallytakeplaceatcompanyor employment agreedthroughcollectivebargaining? set downbylawthatemployershavetoobserve? chosen/appointed? take industrialaction? industry level? r-month period. average ballots. se members typically are stewards Shop training. supplementary for principles and financial , new including of workplace introduction the development, in employees the to relevant discus typically councils Works councils. works of es the for rules include which agreements bargaining . Howdotherightsoftradeunionsandworkscouncils 2.6 the localmanagement’s righttoadoptadecision. to management. statement In no case, a however, do make co-determination rights block and employees the the with discuss measures to proposed opportunity the given specific been having council other works few final the and council a a works local the making consulted having to in prior from decision prohibited and is redundancy, employer the mass circumstances, of cases In Inwhatcircumstanceswillaworkscouncilhaveco- 2.5 is also protected. Any employee associated with someone with protected kind of the protected criteria. contrave in discrimination of acts forcompensation the grounds of pregnancy, maternity leave or adopti providesforthepossibility annulmentof dismisof employm oftermination includingconditionsworking from discriminating on the grounds of i a person’s employer ge an TreatmentAct, Equal the to According or ethnic origin. colour of skin, religious belief, political orienta person’sage, a of grounds the onapplicants job or provisions employers containsfrom direct or indirect differential trea Act Treatment Differential The Directives prohibitingdiscrimination. EU on based is Denmark in regulation treatment equal the of Most Areemployeesprotectedagainstdiscrimination?If 3.1 employees mayrequestrepresentationatboardlevel. In companies of a certain size (in terms of number of employees) the Areemployeesentitledtorepresentationatboard 2.7 bargaining agreements. collective some in rights inspection allowed level. be can workplace unions Trade at appear typically representatives union trade will assistance expert request representatives employee the if Only level. workplace at councils works the with instance issues relevant discuss first the in must employer the exists, council works a If Ohrie epoe rpeettvs r apitd through appointed are representatives employee Otherwise, . Discrimination 3 interact? agreement toproposals? so, onwhatgroundsisdiscriminationprohibited? level? proceed untilithasobtainedworkscouncil determination rights,sothatanemployerisunableto www.iCLg.Com tion, or national, social tmentof employees on, or payment for salsconducted on nder in relation to ,race, to wt any with ntion characteristics ent. The act The ent. s all aspects aspects all s prohibited s tablishment tablishment prohibiting per 89 Denmark 90 Denmark . Howdoemployeesenforcetheirdiscrimination 3.4 compensation. of level the influence typically will of burden on rules The is it but rarely thecaseindisputesbroughtbeforecourts. satisfied, be can proof of burden reverse The pregnant. a that provide decision on, e.g., dismissing a pregnant employee is not since she is shall employer the of that burden meaning reverse a proof, typically is there discrimination of cases In Arethereanydefencestoadiscriminationclaim? 3.3 workplace for responsible is employer harassment. the outset, disability. the From employee’s the of rights isprohibited. needs their enforce to action taken have the who employees Victimisationof Denmark accommodate to of workplace discrimination the adapt and adjustments proportionate and reasonable prohibits make to obligated is Act employer The disability. a to due employees Treatment Differential The characteristic ataparticulardisadvantage. Indirect situation. may appear neutral, consequently puts people who share a comparable protected a in discrimination occurs when a provision, criterion or practice, which favourably less treated Direct discrimination occurs when a person is, has been or would be the Differential Treatment Act andtheEqual Treatment Act. to according prohibited is discrimination indirect and direct Both Whattypesofdiscriminationareunlawfulandinwhat 3.2 Lund ElmerSandagerLawFirmLLp © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London www.iCLg.Com in seniority the on depending and employment. discrimination of wage cases to in pay of relation months 12 to six in of level standard treatment a to negotiations) unequal for (for 25,000 claims – for 10 DKK instance from ranges compensation of level The used. the for employee to be reinstated in employment, but this sanction is rarely possible is it Tribunals, Industrial cases, the some before In particularly Denmark. in remedy main the is Compensation Whatremedies areavailabletoemployeesin 3.5 final and full a for settlement maybesetasidebythecourts. is which agreement settlement a diligence, with settlement drafted not If advice. a received has employee the e.g. that ensure to requirements formal to and writing in agree to recommended is it but agreement, exact no are There proceedings. legal during or before settled be always must Claims bringing thecasebeforecourts. for employee the to costs legal pay to obliged Treatmentlegally is Equal the decision, the the with and satisfied employee not is the employer of favour in decides Tribunal Treatment Equal the If Tribunal.Treatment Equal the or the Tribunals Industrial , ordinary the before claim their bring may Employees rights? Canemployerssettleclaimsbeforeorafter circumstances? successful discriminationclaims? they areinitiated? if collectivebargaining agreementsapply. worker of positions available at the workplace. Exceptions do apply agency temporary the inform shall workplace The worker. agency temporary the of use making workplace the shifts, by directly employed night those as periods, level same the at least resting at pay, and holidays bank holiday, breaks, overtime, time, working Temporary agency workers are entitled to protection with regards to fixed-term contractmaybesuccessivelyprolonged. the grounds, objective on based if but time, one least at prolonged than favourably less treated permanent staff. A fixed-term contract may from the outset only be be not may employees Fixed-term employment given be must conditions like a comparable full-time employee workers on a part-time that means This The employedthroughatemporaryagency. workingfixed-term;or iii) part-timeworkers; ii) i) against protected discrimination duetothefactthattheyareeither: are workers atypical regulation, EU to Owing Do“atypical”workers(suchasthoseworkingpart- 3.6 from theDanishMaternityLeaveFund. is possible for employers to receive a supplementary reimbursement that the employee would have received. In addition, it local the from benefit cash daily the of reimbursement to entitled are they leave, maternity during salary a pay employers Danish If be entitledtobenefitsfromtheirlocalmunicipality. Parents who are not entitled to maternity leave with pay will usually the periodoffourweekspriorto,and14afterdelivery. in salary ordinary their of 50% to entitled minimum a as however, are, Act Employees Salaried the by comprised policies. employees Female workplace and agreements employment during individual employer and the bargaining collective from through regulated payment mainly is leave to maternity right the Denmark, In Whatrights, includingrightstopayandbenefits,does 4.2 be can which period a leave, extended to46weeks. parental is of weeks the 32 birth, to after absence entitled of weeks 14 initial the After as taken entitlement to12consecutiveweeksofleave. be to are leave of an is there weeks two leave. initial maternity the compulsory After weeks two least at delivery, After in the four-week period prior to the expected date A pregnant woman is entitled to be absent from work Howlongdoesmaternityleavelast? 4.1 rvos ee o cmesto wih a a aeae f DKK of average 25,000. an was the which of compensation ⅓ of by level raised previous been has harassment) (sexual cases #Metoo Effective 1 January 2019, the level of compensation in the so-called MaternityandFamilyLeaveRights 4 pro rata temporis rata pro iCLg To:EmpLoymEnT &LAbourLAw 2019 time, onafixed-termcontractorastemporary agency worker)haveanyadditionalprotection? a womanhaveduringmaternityleave? principle applies for all part-time workers. workers. part-time all for applies principle of delivery. due to pregnancy pro rata basis. therefore does not include business transfer protec changeits . Hence, sharea sale isnot a em the as sale, share a at“transfer” employees All time) will usually automatically transfer to the ne thaactivitiestransfer(moresubjectedtheto with practitioner’sa point ofview the employees who ar The does not stipulate an automatic tra On abusinesssale(eithershareorasset 5.1 on Act the to according allowance carer’s a receiving when on Act the iii) to according municipality the by employment or illness of cases in ii) reasons family-related compelling i) applies incasesof: entitlement This flexibly. work to entitled not are but work, from absent be to entitled are employees dependant, a of care taking If Areemployeesentitledtoworkflexiblyiftheyhave 4.6 first 14weeksafterchildbirth. The father, however, is entitled to begin the within the either parentshallbeentitledtoparentalleavefor32weeks. After the 14 Arethereanyotherparentalleaverightsthat 4.5 implement earmarkedparentalleaveforfathersinthenearfuture. new regarding 2019 to expected is Denmark January leave, parental and paternity 24 of regulation on Council European the and Additionally, and following a decision from the Eur Denmark consecutive two for work weeks withinthefirst14afterdelivery. from absent be to entitled is father A Dofathershavetherighttotakepaternityleave? 4.4 request andreplyinwriting. such accept) to obliged not (but consider to The obligated is employer patterns. working or hours working from changed return request upon leave, may, parents Furthermore, leave. the to prior than favourable a less not or conditions same working the with position to similar return to entitled is woman a employee, an As Whatrightsdoesawomanhaveuponherreturnto 4.3 Lund ElmerSandagerLawFirmLLp © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London iCLg To:EmpLoymEnT &LAbourLAw 2019 BusinessSales 5 transfer) doemployeesautomaticallytransfertothe to dieinthedependant’s ownhome. is it desire whose dependant a of care take to Social Social Servicetotakecareofadependant;or accidents; work frommaternityleave? buyer? responsibility forcaringdependants? employers havetoobserve? th week following childbirth or the reception of the , businesstransfer and w employer. nsfer, however, from tion of employees. n 50% of workingof 50% n e mainlye engaged opean ployer does not does ployer rnfre a rnuc a olcie agiig agreement bargaining collective a applicable totheworkwithtransferor. renounce may the law, Danish transferee in regulation special to due However, activity. the with along transfer agreements collective that is rule main The and not yet settled at the transfer date, transfer to the new employer. . Canemployeesbedismissedinconnectionwitha 5.4 law existsinthisrespect. very short time. The sanction for non-compliance is a fine. No case business transfer and the information obligation can be fulfilled in a a during requirements information limited and few very are There Arethereanyinformationandconsultationrightsona 5.3 All rights and entitlements accrued Whatemployeerightstransferonabusinesssale? 5.2 i) theindividualemployment contract. acollective bargaining agreement; or iii) theSalariedEmployees Act; ii) i) The noticeperiodwouldeitherfollowfrom: – employees are entitled to be provided with a notice of termination. seniority or special regulation in an individual employment contract short to due typically is which – applies period no-notice a Unless Doemployees havetobegivennoticeoftermination 6.1 made redundantandresign. him/herself consider may employee the period, notice the of expiry the at change the accept not does employee the if that aware made be time same the at and force into coming change the of notified be material and to the detriment of the employee, the employee should are changes implemented using such the ordinary rules of employment. as If a change long is as sale, business a during employment of conditions and terms change to measures take may Employers Areemployersfreetochangetermsandconditionsof 5.5 may notbeterminatedsolelyduetothebusinesstransfer. relationship employment An transfer. business a with connection financial, in to place take due may dismissal is a reasons, business organisational or of technical transfer a during dismissal a If Termination ofEmployment 6 business sale? and consult? agreements? determined? employment inconnectionwithabusinesssale? take andwhatarethesanctionsforfailingtoinform business sale?Howlongdoestheprocesstypically How doesabusinesssaleaffectcollective of theiremployment?Howisthenoticeperiod vis-á-vis www.iCLg.Com transferring employees 91 Denmark 92 Denmark to dismissthesecategoriesofemployees. the ordinary course of employment, compelling reasons are required During redundant. made be to equals among last the are protection In terms of redundancies, the employees who are afforded particular special to according elected representatives employee other safetystewards;and iii) shopstewards; ii) i) against protection special enjoy dismissal. These are: who employees of categories some are there work, part-time requesting those of protection the including discrimination, and treatment equal of area the Outside Arethereanycategoriesofemployeeswhoenjoy 6.4 required. is consent third-party No terminated. as relationship employment invokes misconduct by the employee as a reason of for considering the or termination of notice months gives employer the if dismissed as treated consecutive 12 agreements is typically nine months, but may . An employee is after dismissal employment. The seniority requirement under collective bargaining unfair Denmark protected are against Act Employees Salaried the to subject Employees Whatprotectiondoemployeeshaveagainst 6.3 remain availableatrequest)istheemployer’s discretion. to (duty suspension or release) as to referred (often leave Garden Canemployersrequireemployeestoserveaperiodof 6.2 Lund ElmerSandagerLawFirmLLp © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London www.iCLg.Com of level and requirement severance paymayvary. seniority the however,of years eight employment, or six three, of case in pay severance a to entitled Employees years. extent wide 17 a to are agreements or bargaining collective by protected 12 least at if for respectively, employed salary, months’ been three having or one of pay severance a to entitled are Employees Act Salaried the by protected Employees dismiss. to whom and employees many how of assessment management a essentially is it restructurings, or work of lack of cases in e.g., and, The entitlement to dismiss for business-related reasons is very broad written prior a warning isrequiredtoensureafairterminationprocedure. cases, many In employee. the of misconduct the of materiality the on depends notice with termination a of the fairness Otherwise, employee. the dismiss summarily may employer the disloyalty), of acts or theft (e.g. misconduct gross of cases In Whenwillanemployerbeentitledtodismissfor:1) 6.5 eilto, .. mlye ersnaie o a board, a on representatives members ofEuropean Works Councils,etc. employee e.g. legislation, treated asbeingdismissed?Isconsentfromathird dismissal? Inwhatcircumstancesisanemployee employee remainsemployedbutdoesnothaveto "garden leave"duringtheirnoticeperiodwhenthe compensation ondismissalandifsohowis business relatedreasons? Are employeesentitledto reasons relatedtotheindividualemployee;or2) party requiredbeforeanemployercandismiss? attend forwork? compensation calculated? special protectionagainstdismissal? rtce b cletv brann areet, agreements, bargaining collective by protected if or courts, ordinary the before claim their bring the may Employees before Furthermore, awarded. Industrial Tribunals, reinstatementintotheemploymentispossible. is amounts maximum the Typically,dismissal. unfair of case the in period notice of ⅔ and ½ Act may claim compensation of an amount equal to the length of the Employees Salaried the by protected employees rule, general a As Whatclaimscananemployeebringifheorsheis 6.7 is enacted. cooperation to the workplace requirements, including improving performance or adapt to opportunity the given be must employee The cooperation. or performance of lack is termination for reason the if particular in when the reasons relate to the employee, a warning is often required, fair deemed be to is termination a that Generally,ensure to order in Arethereanyspecificproceduresthatanemployer 6.6 mlye cn noc ter ihs y en o tae union result may claims comply trade to Failure procedures. redundancy raising mass during of in employees means assist unions by Trade rights representation. their enforce can Employees Howdoemployeesenforcetheirrightsinrelationto 6.10 their or employees the information to representatives. specific relation to in subject requirements is disclosure employer The question. in the on restrictions must be kept informed of the processes and any details of the employees impose councils employment public local not Furthermore, right. managerial does consult and inform to duty The redundancies. contemplated of number the avoiding representatives) with a view to reaching an agreement decreasing or their (or employees the with consult and inform must employer the 300 least at employing enterprises in employees 30 least at iii) at employing enterprise an in employees the of 10% least at ii) 20 than more employing enterprises in employees 10 least at i) 30-day period: a within redundant making contemplates employer the If Doesanemployerhaveanyadditionalobligationsifit 6.9 procedure, termination a of including duringcourtproceedings. stage each at settled be can Claims Canemployerssettleclaimsbeforeoraftertheyare 6.8 Tribunals. iCLg To:EmpLoymEnT &LAbourLAw 2019 dismissed? Whataretheremediesforasuccessful mass dismissalsandwhataretheconsequencesifan employees, least 100andlessthan300employees;or and lessthan100employees; is dismissinganumberofemployeesatthesame claim? has tofollowinrelationindividualdismissals? employer failstocomplywithitsobligations? time? initiated? vis-á-vis colleagues and management before dismissal before management and colleagues d hoc ad Industrial monthly salarylevelimmediatelyprior toresignation. employee’sthe of 60% to amounts payable compensation monthly the months, six to up of duration a with covenants combined For salary levelimmediatelypriortoresignation. monthly the employee’smonthly months, the of 60% to 12 amounts payable compensation to up of duration a with covenants For salary levelimmediatelypriortoresignation. monthly employee’smonthly the the of 40% months, to amounts payable six compensation to up of duration a with covenants For still covenant the applies. which during employment, of cessation after period the in compensation employee the pay must employer The Doemployeeshavetobeprovidedwithfinancial 7.3 shareholder a and null in void. become circumstances e.g. same the under relationships, will agreement, employment of outside agreed restrictions non-competition personal other peculiarity a As employer. the of behalf on contract of violation gross employer,including the to attributable reasons to due or unfairly terminated is relationship of employment the if void and date null become clauses Non-competition effective the after months termination. six is duration maximum the after the effective date of termination. clauses, For combined covenants, the customer of maximum duration which can be agreed by the parties is 12 months non-solicitation or non-competition The length of the covenant depends on what has been agreed, but for material a where constitute breach oftheemploymentrelationship. will employment, also of typically clause course such of ordinary violation the during apply also may but employment, of cessation the after enforced be typically can covenants customer of non-solicitation and Non-competition Whenarerestrictivecovenantsenforceableandfor 7.2 2021 until enforceable are whereupon theywillbecomeinvalid. January) 1 to prior been into have clauses no-hire (entered clauses no-hire basis, Existing 2016. January 1 since prohibited general more a on however, recognised, are clauses no-hire agency, employment temporary a During a business sale, and when hiring temporary workers through Denmark directors withafewexceptions. comprise only not managing for save employees of kinds all but workers, white-collar does covenants restrictive of regulation The Whattypesofrestrictivecovenantsarerecognised? 7.1 deducted fromsuchcompensation. be will period notice his/her during receives employee the salary been neglected. The compensation amounts to 30 days’ salary. The have entitlements whose employees, the to payable compensation and/or exists) law case (no fine a to subject being employer the in Lund ElmerSandagerLawFirmLLp © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London iCLg To:EmpLoymEnT &LAbourLAw 2019 7 Protecting Business Interests Following ProtectingBusinessInterestsFollowing 7 Termination compensation inreturnforcovenants? what period? mlyr ih hi cnet Te mlye ms b al to able be must employees the The withdraw theconsent, provide the consent. not their on do with impact employees employer negative the no if has relationship it employment that and consent their with employer the provide to voluntary is it that employees the for clear when care special take collecting consents must from the employees (where relevant). employer It must be the example, protection For data the rules. to adhere must employer the an how has on relationship impact employment the of nature the some In law or according to an applicable collective bargai data subject in the field of e.g. employment law an c the of rightsspecificexercising andobligations ca of purposes the for necessary is processing when data (“sensitive” personal data) without consent fr categor special process also therefore can employer Protectio Data Danish the and GDPR the to According duties according toapplicablelegislation. employer’s the and contract employment obligations the employer’s to the according fulfill is to data employer the personal for of necessary processing the as data personal employees’ the process to employer the for lawful be will it rule, main the As according toarticle5oftheGDPR. principles processing data general the the with accordance in data such process of must employer the controller that and data the personal employees’ the as – employer employees’ personal data the – must have a legal basis for processing of that Data Danish Act the and GDPR Protection the both in principle general a is It main rule,unlessprocessingisrequiredbylaw. Security Numbers Social (CPR numbers in Denmark), of which requires consent as processing the including GDPR, the to compared data personal of protection further even an provides – areas certain in – and GDPR the data supplements Act Protection Data Danish personal The of processing employer’s according toarticle13-14oftheGDPR. the about informed be to subjects data other as right same the have also employees The right torestrictionofprocessing,thedataportability, etc. the deletion, to right the employer, the by processed data personal “data subjects” according to the GDPR, including the right to access other as rights same the have Employees data. personal employee of processing employer’s an including data, personal of processing the regulates (“GDPR”) Regulation Protection Data General The General Howdoemployeedataprotectionrightsaffectthe 8.1 agreed to)andpaymentofdamagesforanyfinanciallosssuffered. (if damages liquidated injunctions, through enforced are Covenants Howarerestrictivecovenantsenforced? 7.4 o isac, t s ttd n h gieie ta a epoe must employer an that guidelines the in stated is it instance, For the in contain guidelines relationships The tightening of the Data Protection Agency’s practice employment in certain areas. only). Danish in (in 2018 data personal of processing The Danish Data Protection Agency has published guidelines on the DataProtectionandEmployeePrivacy 8 employee datafreelytoothercountries? employment relationship?Cananemployertransfer

cf . article7oftheGDPR. www.iCLg.Com d social protection om the employees ontroller or of the of or ontroller ning agreement. ies of personal of ies rrying out the out rrying c, an Act, n 93 Denmark 94 Denmark Danish DataProtection Agency. the from guidelines the to according record, criminal the process employer,the sufficienta be will to this employer the for “consent” to employee the by provided is freely and employee record the by criminal obtained the if However, Act. Protection Data Danish registered employeeshavegivenconsentpriortothetransfer. protection data standard clauses adopted by the EU Commission the (“Model Clauses”) or if the on based transfer US, the in Shield Privacy by covered companies to transfers for agreement Shield” “Privacy the on based transfer GDPR, the of 47 to according transfers, data internal group for Rules Corporate Binding include Other forms of legal basis to transfer personal data to third according toarticle45oftheGDPR. country is able to meet certain requirements (“safe third countries”), third the if allowed only rule, main the as is, and protection of level sufficient a requires data personal employee of transfer Generally, countries accordingtochapter5(article44-50)oftheGDPR. Additional requirements apply for transfer of employee data to third marketing material,etc. (e.g. pictures data and contact information) on the personal employer’s website, employees’in the of transfer/publishing e.g. consent, In some cases, transfer of the employees’ personal data may require cases by law required, transfers without consent fr As the main rule, the employer can make such necess the employment contracts and applicable legislation Denmark pensioncompanies, e.g.forthe employer tofulfill its companies, private certain to and authorities, personal data to public authorities, including soci Oftentimes, it is necessary for the employer to tra the processing of personal data, apply for transfers of personal data. for basis legal a have must employer the that requirement general the including data, personal of processing for principles same The Transfer ofpersonaldata employer’s intranet doesnotrequireconsent. the on pictures, including data, personal employees’ the the of publishing to internal rule, main the As pictures”. According and “situational pictures profile for material. both applies marketing requirement this in guidelines, or media social on to wishes employer website, employer’s the on the e.g. employees, the of if pictures publish employees the from consent collect Lund ElmerSandagerLawFirmLLp © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London www.iCLg.Com employees, the consent from require records criminal of processing rule, main the As Areemployers entitledtocarryoutpre-employment 8.3 to time, any at right employer their by held or stored information access the have employees registered GDPR, the to According Doemployeeshavearighttoobtaincopiesofany 8.2 from theemployer, require such data transferred to another controller without hindrance and commonly-used structured, has to right the met, are criteria certain if and, format -readable a she in or employer, he the which to her, provided or him concerning data personal the Employees also have a right to data portability, i.e. a right to receive article 15oftheGDPR. checks onprospectiveemployees(suchascriminal record checks)? personal informationthatisheldbytheiremployer? cf . article20oftheGDPR. cf atce 0 f h GP ad () f the of 8(3) and GDPR the of 10 article .

al authorities and nsfer the employees’ dutiesaccording to om the employees. . ary, and in some nuac and insurance cf . employer’s HRPolicyand/orPrivacyPolicy. the in etc., mobile and telephone internet, email, of use to related employer’s use of control measures and processing of personal data the on employees all inform employer be the that recommended is It must employee former The informed thattheemailaccountiskeptactiveandforhowlong. account. employee’s former the from emails send to not – emails receive to only and lost not is information significant that ensure to active account email an keep period, but this can limited never exceed a 12 months. for The employer active can only account email employee’s former the keep to employer the for lawful be can it employee, an of termination After criminal activities). telephone calls, etc. (except in cases of suspicion of or similar employees’the emails, monitor private or read to access its use not If (limited) private use of email, etc. is permitted, the employer must of theequipment. when such monitoring is for operational reasons and to ensure correct use systems emails, employee’s monitor an to of use access or have calls telephone to employers for standard is It Areemployersentitledtomonitoranemployee's 8.4 h epomn i cvrd y cletv brann agreement bargaining collective a by covered is employment the if however, disputes, all over have courts ordinary The Whichcourtsortribunalshavejurisdiction tohear 9.1 to entitled also is employer control theuseofsuchcompanyproperty. the company smartphone, on a is e.g. workplace equipment, the outside media social to access If be could which disciplinary procedures. media social on through employer the by sanctioned be may misconduct considered statements any and aspects all in manner loyal a in act to duty a has employee the hand, other the On media. social of use the control to allowed not is employer the – hours working of outside meaning – workplace the Outside Privacy Policy. and/or Policy HR employer’s the in media social of use to related employer’s use of control measures and processing of personal data the on employees all inform employer the that recommended is It access intheworkplace. the outset, it is the employer’s prerogative to decide on such use and From media. social of use the control websites, to access blocking by or policies HR through can, employer the workplace, the Inside Cananemployercontrolemployee'suseofsocial 8.5 addt i apyn fr te rmnl eod hcs ut be must checks record criminal proportionate andnotusedtoafurtherextentthannecessary). (the for applying is candidate that, recommended made use of when it is is of importance to the specific position that the it records, particularly in relation to checks, such check is only criminal processing When PracticeandProcedure 9 iCLg To:EmpLoymEnT &LAbourLAw 2019 emails, telephonecallsoruseofanemployer's employment-related complaintsand whatistheir computer system? composition? media inoroutsidetheworkplace? rcdrl oclain eurmns n re fr cs t be to case a for brought beforetheLabourCourtorIndustrial Tribunals. order in requirements conciliation specific bargaining have procedural do collective agreements such a of bargaining part in The rules agreement. collective by for of only prescribed is if Conciliation necessary applicability applies. procedure of specific no agreements, area the Outside Denmark Whatprocedureappliestoemployment-related 9.2 only beusedinagreementswithtopexecutives. will so if and contracts employment in used seldom is Arbitration are alsopartofthetribunal. assessors form the trade unions and employers’ organisations which be expert typically three or two and Court will Supreme the of TribunalsJustice a by chaired Industrial The Court. Supreme the consists of three . Typically, at least five judges hear cases in The courts are composed of one , whereas the Industrial Tribunals havesolejurisdictionoverthematter. the and Court Labour the agreement, bargaining collective specific and the employee is a member of the trade union being a party to the Lund ElmerSandagerLawFirmLLp © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London iCLg To:EmpLoymEnT &LAbourLAw 2019 complaint canproceed?Doesanemployeehaveto complaints? Isconciliationmandatorybeforea pay afeetosubmitclaim? riay ors cut e, hc i cluae o bss f the of basis on calculated financial valueoftheclaimraised,ispayablebyclaimant. is which fee, court a courts the ordinary before whereas unions, trade the by covered are expenses all In cases brought before the Labour Court or the Industrial Tribunals, Court chairing the Labour Court and the Industrial made. This is one of the reasons why it is the Jus beforethe Industrial Tribunalsit is not possible th If year. a to up takemay appealcharacter. An is case the if granted be may Court Supreme the to appealed from the city court to the High Court. Aordinarypendingcourts,beforethe is case the If Is it possible to against a first instanc 9.4 but varies fromthreeto12monthsandinsomecasesevenmore. expedient, more somewhat is Tribunals Industrial the before time processing Case conducted. is hearing court actual the before claim the submitting from months 18 and 12 between takes it and Currently, case consideration before the ordinary courts is very long, Howlongdoemployment-relatedcomplaintstypically 9.3 and if so how long do such usually take? take tobedecided? www.iCLg.Com toappeal the decision tices of the Supreme third instance appeal Tribunals. a decision may bedecision maya e case is broughtis case e f principal a of e decision 95 Denmark 96 Denmark udEmrSnae a imLpDenmark Lund ElmerSandagerLawFirmLLp © Published andreproducedwith kindpermission byGlobalLegalGroup Ltd,London www.iCLg.Com not newchallenges. – solutions bring and identify Weto strive advice. legal practical point the to short, render and relationships client long-lasting and Westrong value long-lasting clientrelationships. personal, on based manner ethical and professional highly a in conducted possible, counselling best the with client each provide to is ambition , insolvencyandrestructurings,IP rightsandcriminallaw. Our main areas of practice include corporate commercial, employment law, M&A, IT and technology, , litigation and arbitration, real with offices locatedcentrallyinCopenhagen. Lund Elmer Sandager is a full-service law firm dedicated to advising clients on commercial issues and legislation. We are approximately 110 people enter into a collective bargaining agreement. and continuously advises companies met with a claim tradeunionsconcerning breaches collectiveof r barg questions in agreementinterpretationcollectivethe bargaining of agreeme bargaining collective a to specialAsa area ofexpertise, heassists relationenterpri in particularly law, remuneration, stock employment options and . of aspects domestiinternationalprimarilyadvisesMichaeland with transactions and . business Lund immigration, disp withindisputes, at experience litigation broad department and has due Michael Law Sandager. Employment the heads Michael R:www.les. URL: [email protected] +45405149 Email: Tel: Denmark DK-1560 Kalvebod Brygge39-41 Lund ElmerSandagerLawFirmLLP Michael MøllerNielsen diligence in connection seswhich aresubject nt and disputeswithand nt ainingagreements, c employers on all employerson c by trade unions to t resolution, ute ltd o the to elated o variable to Elmer nentoa cmais n ognstos ihn l aes of areas all within organisations law,employment and companies international and domestic both advising in experience has Sandager.Julie Elmer Julie works as an attorney in the Employment Law department at Lund Furthermore, Juliehasexperienceindisputeresolutionandlitigation. covenants, restrictive issues, discrimination andtradesecrets. employment individual business, of iCLg To:EmpLoymEnT &LAbourLAw 2019 inter alia inter R:www.les.dk URL: [email protected] +4521847497 Email: Tel: Denmark DK-1560 Copenhagen Kalvebod Brygge39-41 Lund ElmerSandagerLawFirmLLP Julie FlindtRasmussen , reorganisation and redundancies, transfer redundancies, and reorganisation , Current in the ICLG series include:

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