Employment law

An employment contract must include the essential terms of the employment relationship. Under Danish employment law, the employee must be informed about, among other things, the workplace, job duties, salary, working hours, holiday entitlement, notice periods, and the employment start date.

In addition, information regarding probationary periods, employee benefits, collective bargaining agreements, and special contractual terms may be required.

A properly drafted employment contract creates clarity for both the employer and the employee and can help prevent future disputes.

To ensure compliance with Danish law, an employment contract must be consistent with, among other things, the Danish Employment Certificate Act, the Salaried Employees Act, the Holiday Act, maternity and parental leave regulations, and any applicable collective bargaining agreements.

The contract must also contain all mandatory information and be drafted clearly and precisely.

Deficient or unlawful provisions may lead to disputes or claims for compensation. Therefore, it may be beneficial to have the contract reviewed by a legal adviser before it is used.

Non-compete and customer clauses may restrict an employee’s opportunities after the termination of employment, but only if the clauses comply with the requirements of Danish law.

Among other things, they must be in writing, contain a valid justification, and provide the employee with financial compensation.

A non-compete clause restricts the employee’s ability to work for or operate a competing business, while a customer clause restricts contact with specific customers or business relations.

If the clause does not comply with the legal requirements, it may be invalid.

As a general rule, an employer may dismiss an employee if the dismissal is objectively justified by circumstances relating either to the company or to the employee.

Examples include reorganisations, redundancies, collaboration difficulties, inadequate work performance, or breaches of employment obligations.

For salaried employees and employees covered by specific regulations, there is often a requirement that the dismissal be fair and objectively justified.

If the dismissal is not sufficiently justified, the employee may in certain cases be entitled to compensation.

Your rights upon dismissal depend on your employment contract, any applicable collective bargaining agreement, and the legislation governing your employment relationship.

You may be entitled to salary during the notice period, holiday pay, garden leave, or compensation for unfair dismissal.

It is important to review both the employment contract and the relevant legal framework to clarify your rights and any potential claims against the employer.

Yes. As a general rule, a dismissal does not need to be delivered physically to be valid.

A dismissal may therefore be communicated via Teams, telephone, email, or other forms of communication, provided it is clearly stated that the employment relationship is being terminated.

The key requirement is that the notice of dismissal is clear and that the employee receives the communication.

In some cases, however, disputes may arise regarding documentation or the exact time of receipt, which can become relevant in a subsequent legal dispute.

Your rights during illness, holiday, and parental leave depend on the nature of your employment, your employment contract, and any applicable collective bargaining agreement.

Many employees are entitled to salary during illness, holiday accrual and leave under the Danish Holiday Act, and salary or parental benefits during parental leave.

There are also special protective rules during illness and parental leave that may limit an employer’s ability to change or terminate the employment relationship.

Yes, in certain circumstances an employer may dismiss an employee during pregnancy or parental leave.

However, the dismissal must not be based on the pregnancy or the parental leave itself.

If an employee is dismissed during pregnancy or parental leave, the employer will generally have the burden of proving that the dismissal was based on other legitimate reasons.

If the employer cannot meet this burden of proof, the employee may be entitled to substantial compensation.

There is no fixed period after parental leave during which employees are automatically protected from dismissal.

The protection primarily relates to the pregnancy itself and the period during which parental leave is taken.

However, if an employee is dismissed shortly after returning from parental leave, the circumstances may mean that the employer must still demonstrate that the dismissal is unrelated to the leave.

Each case must therefore be assessed on its specific facts.

Yes, in certain circumstances an employer may be entitled to reclaim salary that has been overpaid. This will depend, among other things, on whether the employee knew or should reasonably have known that the overpayment was made in error.

If the employee acted in good faith and has arranged their finances based on the salary payment received, the employer’s ability to recover the funds may be limited. Each case depends on a specific assessment of the circumstances.

Yes. If you are placed on garden leave in connection with a dismissal, you are generally entitled to receive your salary and the other agreed employment benefits throughout the entire notice period. Garden leave means that you are no longer required to attend work but remain employed until the notice period expires.

However, special rules may apply regarding holiday entitlement, bonuses, employee benefits, and the employer’s right to set off income earned from new employment. For this reason, it may be relevant to assess the specific terms of the garden leave arrangement.

As an employee, you generally accrue holiday entitlement in accordance with the Danish Holiday Act. If you do not receive salary during your holiday, you will typically accrue holiday pay corresponding to a percentage of your salary. Many employees are instead entitled to salary during holiday periods together with a holiday allowance.

Additional holiday days are not regulated by the Danish Holiday Act but usually arise from a collective bargaining agreement, employee handbook, or individual agreement. Entitlement to additional holiday days therefore depends on the specific terms of employment.

The new time registration rules require employers to implement a system that records employees’ daily working hours. The purpose is to ensure compliance with rules regarding working time, rest periods, and overtime.

The employer is responsible for establishing an objective, reliable, and accessible time-recording system. As a general rule, the requirements apply to all employees, although exemptions may exist for certain managerial employees and individuals who independently organise their working time.

Yes. In certain circumstances, a former employee may face claims after the employment relationship has ended. This may occur, for example, in cases involving breaches of confidentiality obligations, non-compete or customer clauses, or documented losses resulting from wrongful acts committed during the course of employment.

Whether such a claim is justified depends on the specific circumstances, the employment contract, and the applicable legislation. Therefore, such claims should always be assessed on an individual basis.

All employees are subject to a duty of loyalty towards their employer. This means, among other things, that employees must not act in a manner that harms the employer’s interests, including by competing with the business or disclosing confidential information.

Confidentiality obligations will generally apply both during and after employment. Information relating to customers, pricing, business strategies, know-how, and internal matters may therefore remain protected even after the employment relationship has ended.

Failure to comply with these obligations may, in certain situations, result in liability for damages or other legal consequences.