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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Amendment of workplace smoking policy may be necessary ‎

Health and safety at work
The amendments to the Danish Anti-Smoking Act recently entered into force, and workplace smoking ‎policies may therefore need to be amended.‎

Pay during parental leave before the Supreme Court ‎

Discrimination - Equal Treatment Act
The question of whether EU law entitles an employee under notice to receive pay during the notice period ‎if this period coincides with a period of unpaid parental leave will be considered by the Danish Supreme ‎Court.‎

Supreme Court ruling on compensation under the Part-Time Employment

Discrimination - Equal Treatment Act
Supreme Court ruling on compensation under the Part-Time Employment Act
 
A dental assistant who was dismissed after refusing to work full time was awarded 3 months’ pay by the ‎Danish Supreme Court.‎ 

No doubt about the Employment Equality Directive

Discrimination - Equal Treatment Act

The Danish Supreme Court refuses to refer the issue of lower pay and termination due to age of under-18s ‎to the EU Court.
Age discrimination is prohibited by the Danish Anti-Discrimination Act and the Employment Equality ‎Directive. In Denmark, however, this general principle is subject to the derogation that employers are ‎permitted to pay under-18s less than adults and to terminate their employment once they turn 18, so ‎long as the employer is comprised by a collective agreement containing specific provisions on under-18s ‎in relation to recruitment, payment and termination.‎

Sick holiday ‎

Holiday
The EU Court recently ruled that employees who fall sick during holiday are entitled to replacement ‎holiday.‎

The Danish Anti-Smoking Act amended

Health and safety at work
Danish smoking rules are tightened following an amendment of the Danish Anti-Smoking Act with effect ‎from 15 August 2012.‎
 

Act on the Board of Equal Treatment amended

Discrimination - Equal Treatment Act

The revision of the Danish Board of Equal Treatment Act has only resulted in few changes. The Act was ‎revised as part of the Government’s commitment to follow up on the activities of the Board. The ‎amendment will take effect on 1 July 2012. 

Eating the cake and having it, too‎

Discrimination - Equal Treatment Act
A purchasing assistant on maternity leave was not invited to the annual salary review and was later given ‎notice. That ended up costing the employer a sizeable amount. ‎

Compulsory retirement at 65 was legal

Discrimination - Anti-Discrimination Act
The Danish Western High Court recently ruled in a case concerning whether the former provision in section ‎‎5a(4) of the Danish Anti-Discrimination Act was contrary to the EU law principle of non-discrimination on ‎grounds of age. The Court held that there was no basis for setting aside the former provision.‎
 

Summary dismissal for misappropriation of company property

Termination of employment
An employee took a photocopier and was summarily dismissed. The summary dismissal was justified, ‎according the Danish High Court.‎

More judges in the Labour Court

Discrimination - Equal Treatment Act
From 1 June 2012 the number of deputy judges in the Danish Labour Court will increase. Following its ‎introduction in February, the Bill has now been adopted by the Danish Parliament.‎

New rules on sickness during holiday

Holiday
Following a recent amendment of the Danish Holiday Act, employees are now entitled to replacement ‎holiday if they fall sick during their holiday.‎
 

Summary dismissal of managing director for misappropriation

Termination of employment

The High Court affirmed the lower court’s judgment that a managing director was guilty of gross ‎misconduct for withdrawing about EUR 10,000 from the company’s bank account for private purposes. ‎The company was therefore justified in summarily dismissing him.‎

When does fertility treatment begin?‎

Discrimination - Equal Treatment Act

The Danish Supreme Court has affirmed the High Court’s decision that employees are not covered by the ‎special dismissal protection under the Danish Act on Equal Treatment of Men and Women until actual ‎fertility treatment begins.‎ 

Still summarily dismissed because of LinkedIn

Termination of employment
The Danish High Court has affirmed that it was okay for an employee who was already under notice to be ‎summarily dismissed for criticising management to customers via LinkedIn.

Electronic recruitment

Discrimination - Equal Treatment Act
Using an electronic recruitment system which requires information about applicants' age is not contrary ‎to the Danish Anti-Discrimination Act.‎

Member states entitled to provide own definition of worker

General employment law news
The EU Court recently ruled that member states are entitled to provide their own definition of what a ‎worker is – as long as the definition is not arbitrary.‎

The evidence spoke for itself

Discrimination - Equal Treatment Act
The document with the written notice of termination had been created before the employee informed her ‎employer that she was pregnant. The reason for the dismissal was therefore not her pregnancy.‎

The Danish Supreme Court approves retention bonuses

Pay- benefits - tax
The Danish Supreme Court has held in a precedent-setting ruling that it was not ‎contrary to the Danish Salaried Employees Act that an employee was not entitled to a ‎pro rata share of a retention bonus.‎

Ignorance was no excuse

Discrimination - Equal Treatment Act
The Danish Supreme Court recently ruled that pregnant employees are still protected against dismissal ‎due to sickness absence even if the employer was not aware of the pregnancy when dismissing the ‎employee.‎

Too expensive or too old?‎

Discrimination - Anti-Discrimination Act
It constituted breach of the Danish Anti-Discrimination Act when a 34-year-old man was ‎rejected for a job as store manager because the employer wanted a “younger profile”. ‎This cost the employer EUR 3,400. ‎

Employee inventor did not hit jackpot

IP & employees
A technical engineer was not entitled to compensation for three inventions made in the course of employment. The inventions were not sufficiently inventive.

Fixed-term work in Andalusia

Discrimination
The EU Court has ruled that the Fixed-Term Employment Directive may extend to permanent employees in some cases.

Flying high ...

by Yvonne Frederiksen

Discrimination
A provision in a German collective agreement requiring pilots to retire at 60 was incompatible with the Equal Treatment Directive.

An end to social dumping

by Christian K. Clasen

General legal news
Foreign enterprises operating in Denmark must comply with Danish labour market practices and standards. The issue of social dumping has been addressed by the Danish Government and the Red-Green Alliance party in a new agreement.
 

Age discrimination – but no compensation

by Yvonne Frederiksen

Discrimination
Although an employee was discriminated against by not being paid statutory redundancy pay, he was not entitled to compensation under the Danish Anti-Discrimination Act.

Release from collective agreements by industrial action

Industrial relations
A lockout which only involved 16% of the unionised employees was sufficient to release an employer from a collective agreement. So held the Danish Labour Court.

The EU Court interprets the meaning of holiday pay

Holiday
Employees’ holiday pay should correspond to their 'normal remuneration'. Where their remuneration is composed of basic pay and allowances, employees are not necessarily entitled to all such allowances on top of their basic pay.

No pay during parental leave

Discrimination
A sales rep was not entitled to pay during her notice period because she was on parental leave at the time of notice.

Hitting the nail on the head

Health and safety at work
An employer was not responsible for an accident where an employee hit her head on a screw. For the employer had not been negligent.
 

An important exemption

Discrimination
A Danish NATO employee was not protected by the prohibition on age discrimination.

About no-hire agreements and statements of employment particulars

Statements of employment particulars
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 statistics were clear

Discrimination
It cost an employer about EUR 40,000 to dismiss a 63-year-old employee. The High Court held that she had been discriminated against because of her age.

When was your last sick day?

Termination of employment It was okay to dismiss a salaried employee under the 120 sick days rule although the employee had actually been off sick for 125 days at the time of notice.

Caught between two freezers

Health and safety at work
There was no link between an employee’s accident at work and subsequent sick leave. Therefore, the employer was not liable to pay compensation.

Either - Or

Termination of employment
An employer who had released an employee from the duty to work could not then summarily dismiss the employee for the same misconduct.

Sorry, you are not a salaried employee!

General legal news
A trade union official was not protected by the Danish Salaried Employees Act. So ruled the Danish High Court.

Commission in a time of crisis

Pay, benefits & tax
A sales rep who was under notice and had been released from the duty to work could not have sold for EUR 32 200 in a 'dead' market. He was therefore not entitled to sales commission. But he was entitled to commission on a barter deal he had made.

What’s an undertaking?

General legal news
An EU judgment from 1995 now leads to an amendment of the rules governing collective redundancies.

Summarily dismissed because of LinkedIn

Termination of employment
It was okay for an employer to summarily dismiss an employee who had used LinkedIn to criticise management to customers.

The inflexible mother

Discrimination
It was not discriminatory for an employer to give as one of the reasons for dismissing a single mother that she was not as flexible as the other employees.

New email guidelines issued by the Danish Data Protection Agency

Data protection
In a recent opinion, the Danish Data Protection Agency has issued general guidance on how employers should handle departing employees’ email accounts.

Supervision and monitoring of employees – from a data protection perspective

Features
Recent years’ technological advances have provided employers with a number of new tools to monitor employee behaviour at work. If employers wish to use these tools, they must first consider a number of data protection issues.

Are you a woman of initiative?

A women’s magazine used such unfortunate wording in a job advert that it fell into the discrimination trap.

Is silence golden?

Data protection
It cost a former employer about EUR 3,400 to pass on information about suspected alcohol abuse at a reference interview.

The Danish Holiday Act amended

The Danish Holiday Act has been amended with effect from 1 May 2011.

Work longer hours or leave

Discrimination
Dismissing a part-time employee who does not wish to transfer to full-time is okay – as long as the dismissal is objectively justifiable. This was confirmed by the High Court in this case.

New award levels applied

Statements of employment particulars
A deficient statement of employment particulars cost the employer about EUR 1,350 because the deficiency could have meant a financial loss for the employee.

Wasn’t I allowed to do that?

Termination of employment
It was not okay to summarily dismiss a sales manager who had bypassed management to make substantial changes in a distributor agreement because there was no description of the powers granted to him.

When does fertility treatment start?

Discrimination
Employees are not protected from dismissal in the period preceding fertility treatment.

Bank on its knees

Bankruptcy
As a general rule, undertakings must comply with the Collective Redundancies Directive even if they are being wound up. So held the EU Court in a recent judgment.

A couple of years more or less…

Pay, benefits & tax
A stock option agreement held good although the ownership of the employer had changed hands.

Not without my daughter

Termination of employment

The Danish Supreme Court recently ruled in a case about parents’ entitlement to time off to care for a sick child.

Again and again and …

 
General legal news
 
German provisions on fixed-term employment were incompatible with the framework agreement. So held the EU Court in a recent judgment.

43 - and finished?

Rejecting a candidate on grounds of age should cost EUR 3,400. So the Danish Board of Equal Treatment held in this case.

Read the fine print

The Copenhagen Maritime and Commercial Court recently ruled that employer pension contributions and compensation for reduced capacity to work do not always have to be paid to the employee.

Disloyal team manager

An employee breached his duty of loyalty by discussing with some colleagues during his notice period his plans to set up a competing business.

Danish Government’s legislative programme

Health and safety at work, freedom of information and general deregulation are some of the themes of the Government’s legislative programme, which was introduced last week.

Part-time employees are entitled to ”full” compensation for work-related injury

In the assessment of incapacity for work, part-time employees must be treated in the same way as full-time employees if they did not have a limited capacity for work before the injury was sustained and if they are working part-time only as a temporary measure. So the Danish Supreme Court ruled in two precedent-setting cases.

Amendment of the Danish Holiday Act?

The Danish Minister for Employment sees a risk that the ECJ will overturn the Danish provisions concerning sickness-affected holiday. New rules may therefore be on their way.

Parental leave not reason for dismissal

It is okay to dismiss an employee on parental leave if the employer is able to show that the reason is a decline in business.

Prison sentence to undercover journalists

There are limits to how far journalists can go in order to get their hands on a good story. Two journalists were therefore given a 20-day suspended prison sentence for going undercover at a care centre.

The letter that never arrived

An employer was unable to prove that the warning of summary dismissal sent by post had in fact reached the employee. Thus, the summary dismissal was unjustified

Employers’ age discrimination of under-18s legal

On 30 June 2010, the Danish Eastern High Court established that the provisions and the practice on a number of areas covered by collective agreements, supporting a lower pay for employees under 18 years and termination of the employees when they turn 18, cannot be deemed to constitute a violation of the Employment Equality Directive (Directive 2000/78/EC of 27 November 2000).

Danish Holiday Act amended

The Danish Ministry of Employment wants to stop employees speculating in having their holiday pay paid out. This has resulted in an amendment of the Danish Holiday Act.

”Honey” was not sexual harassment

Close physical contact and calling an employee “honey" was not enough to prove that a manager had sexually harassed an employee.

Doubt about how to interpret part-time leave agreement

The Danish Board of Equal Treatment was not satisfied that an employer’s interpretation of an agreement about part-time leave was in breach of the Danish Act on Equal Treatment of Men and Women.

Part-time and fixed-term employment in the EU

Three provisions of Austrian law about part-time and fixed-term employment met with opposition at the European Court of Justice – they were held to be at odds with EU law.

Public-sector managers, too, are entitled to freedom of speech

The Danish Parliamentary Ombudsman has established once again that public-sector employees enjoy a high degree of freedom of speech.

The Danish Posting of Workers Act amended

Stricter duty to notify when posting employees to Denmark – new Act adopted.

Retention of football players

It is not a barrier to the free movement of labour for sports clubs to require players they have trained to sign their first professional contract with the club.

Maximum compensation under the Danish Statement of Employment Particulars Act

The Copenhagen City Court recently awarded a woman 20 weeks’ pay: her employer never issued a statement of particulars although she had asked for one.

Fined for employing an illegal foreign national

Some foreign nationals need a residence and work permit in order to work in Denmark. If they do not hold such a permit, it may cost their employer a fine.

The Danish Marketing Practices Act offered no safeguard

The Danish Marketing Practices Act only offers limited protection against former employees’ competitive activities. This was shown by a ruling from the Danish Maritime and Commercial Court.

Stricter duty to notify

New Bill proposes stricter duty to notify for employees posted to Denmark

Dismissal of pregnant employee was justified

Employers are allowed to terminate a pregnant employee’s employment if able to prove redundancy due to a decline in orders. This is shown by a judgment from the Danish Western High Court.

A clean home became a costly convenience

The first private individual has now been convicted of using a house cleaner without a residence or work permit. The Danish Supreme Court set the fine at DKK 40 000.

ECJ endorses the Danish social partners' Cooperation Agreement

The Information and Consultation Directive does not require a higher level of protection for employees sitting on a cooperation committee – this was recently established by the European Court of Justice.

The Danish Marketing Practices Act offers limited protection

Employers should be aware that the Danish Marketing Practices Act only offers limited protection against former employees’ competitive behaviour.

4 weeks’ compensation for not being issued with a statement of employment particulars

The two Danish High Courts maintain a compensation level of between 2 and 6 weeks’ pay for deficient statements of employment particulars

Breach of Community law resulted in liability for damages

Trade unions are liable to pay damages when breaching Community law by taking industrial action. This was held by the Swedish Labour Court in the so-called Laval case.

High Court affirms judgment on age discrimination at the Central Customs and Tax Administration

The Danish Eastern High Court agreed with the Copenhagen City Court: age was a factor when the Central Customs and Tax Administration relocated a number of staff to a new office in another part of Denmark

CEO could be summarily dismissed

It is all right to summarily dismiss a CEO if he has made the company pay his private expenses

Collective agreement on statements of particulars extends to non-unionised workers as well

The collective agreement for local government employees in Denmark, the KTO agreement, also covers non-unionised local government employees with respect to its provisions on statements of employment particulars. An employer was therefore entitled to correct an employee’s statements of particulars without having to pay compensation

Running a marathon while off sick

An employee may be off sick and still run a marathon – if so prescribed by his doctor. This was made clear by the Danish Eastern High Court in this ruling.

Mother of disabled child awarded compensation

Also the parents of a disabled child are protected against discrimination if they provide the main share of the child’s care.

Does sickness entitle employees to replacement holiday?

A recent ECJ judgment interprets the rules on replacement holiday in the event of sickness, but does not definitively answer the question of whether employees are entitled to replacement holiday if they fall ill during their holiday.

Collective redundancies in groups of undertakings

When a parent company is contemplating collective redundancies in one or more subsidiaries, the subsidiary in question must not consult the potentially affected employees until the parent company has made the strategic decision that forces the subsidiary to consider the option of redundancies.

Employee's fixed-term contract was not terminated during maternity leave 05-10-2009

Email correspondence about leave extension was not a promise to extend the contract

Landmark ruling on footballers’ terms of employment

The collective agreement between players and clubs not binding on the Danish Football Association (DBU) 01-10-2009

Not unlawful absence

Summary dismissal for failure to turn up for work usually requires advance warning

From driver to customer manager to driver again

A change in work responsibilities may constitute a dismissal if it means that the employee loses his or her white-collar status

Simplification of data transfer rules

Data transfers between administrative authorities are now governed by the Danish Data Protection Act alone

The High Court interprets the Equal Treatment Act

An employee planning to adopt her civil partner’s child was protected by the Danish Act on Equal Treatment of Men and Women

Language requirements did not constitute discrimination

Taking into account a candidate’s Danish language skills was not contrary to the Danish Anti-Discrimination Act

Change in working hours constituted discrimination

An employer breached the Danish Act on Equal Treatment of Men and Women by changing a pregnant employee’s weekly working hours from 37 to 27

DKK 25 000 for failure to provide statement of employment particulars

An employer failed to provide an employee with a statement of employment particulars and was ordered to pay DKK 25 000 in compensation because it created considerable uncertainty about the employment relationship.

Dismissal on grounds of union change

An employer was not justified in dismissing an employee who changed union. The employee was thus awarded compensation of DKK 300 000.

Inability was not enough to summarily dismiss

Continued poor performance is not enough in itself to justify summarily dismissing an employee already under notice. Particularly not if the poor performance is a result of the employee’s inability to do his job.

Dismissal on grounds of change of union

An employer was not justified in dismissing an employee who changed union. The employee was thus awarded compensation of DKK 300,000.

Informal talks not contrary to the Danish Health Information Act

It did not fall within the scope of the Danish Health Information Act when an employee discussed her back problems with her employer

Failure to deduct taxes

An employer who had deducted too little tax by mistake could deduct the balance from the December payroll

Failure to deduct taxes

An employer who had deducted too little tax by mistake could deduct the balance from the December payroll

Dismissal of employee who wanted clarification was unjustified

An employer was not justified in dismissing an employee who asked for clarification and discussion of work responsibilities and priorities.

Okay to dismiss pregnant woman for double-jobbing

It is okay to dismiss an employee whose extra job takes up so much time as to risk affecting the main job - even if the employee is pregnant Employers are entitled to expect their employees not to take on any extra jobs that will affect their performance in the main job. This is shown by a new district court case.

Wedding turned into summary dismissal

If an employee needs a day off and the day is a normal work day, the absence must be authorised by the employer or otherwise legitimised, for instance by sickness – and it is for the employee to show that the absence has been authorised. The Danish Western High Court so held in a case where a shop assistant and her employer disagreed about whether she had been given time off to attend a wedding.

Difficult to dismiss pregnant employees - regardless of poor finances

An employer who dismisses a pregnant employee will not necessarily fall foul of the Danish Act on Equal Treatment of Men and Women. But the employer will have to prove that the reason for the dismissal was not pregnancy-related.

Painting contractor liable in damages

Employers may be liable in damages to their employees if they fail to organise work properly and inform them of any risks associated with the work. This was established by the Western High Court.

Mother and daughter could work together

A hospital did not want to hire a midwife because her mother was already working as a midwife at the same hospital. That refusal was not justified, according to the Danish Ombudsman.

Work permit no longer required for Eastern European workers

The most recent Bill to amend the Danish Aliens Act, which intended to abolish the transitional arrangement for workers from the new EU member states, has been adopted by the Danish Parliament with effect from 1 May 2009.

Paternity leave and pregnancy

Two complaints, two decisions: the Danish Gender Equality Board has made two decisions on dismissal on grounds of pregnancy and childbirth-related leave

When did the employer give notice of termination?

Employers should always get written evidence of when notice of termination is given. This principle was recently stressed by the Western High Court.

The Central Customs and Tax Administration found guilty of age discrimination

Age was a factor in the Central Customs and Tax Administration’s selection of employees for relocation to a new office. This was established by the Copenhagen City Court in a precedent-setting case.

Duty to conduct sickness absence interviews

New Bill proposes to require employers to interview employees on sick leave

Thief on duty

Employees may be liable to pay damages to their employers if they steal from the client whose premises they are guarding

Loyalty bonus was okay

Judgment reinforces case law which has established that employers may operate a loyalty bonus scheme so long as the terms and conditions are clear

Taxi driver dismissed for pregnancy

A pregnant taxi driver was awarded 9 months’ pay after being dismissed for pregnancy

No work permit required for Eastern European workers

From 1 May 2009, workers from the new EU member states will have access to the Danish labour market on equal terms with other EU nationals, according to a new Bill introduced by the Danish Ministry of Refugee, Immigration and Integration Affairs

Redeployment of health and safety representative

Before dismissing a health and safety representative, employers must find out if redeployment is possible

Penalty for breach of no-hire agreement

23-02-2009 - Did an encouragement to employ amount to an indirect agreement to employ? 'Yes’, said the Danish Western High Court.

Dismissal of pregnant woman was not unfair

06-02-2009 - Although found to have breached the Danish Act on Equal Treatment of Men and Women twice, an employer successfully proved that a pregnant employee had not been dismissed on grounds of pregnancy or childbirth.

No proof of employment agreement

02-02-2009 - A job applicant was not entitled to pay during the notice period or compensation for failure to provide a statement of employment particulars. The applicant failed to prove that he had been hired in the first place

A no-hire clause is a material term of employment

Must a no-hire clause be mentioned in the statement of employment particulars? The Maritime and Commercial Court says ‘yes’ and awards DKK 75 000 in compensation

Men in shorts

20-01-2009 - If women can wear shorts to work, so can men. This was established by the Danish Gender Equality Board in a discrimination complaint.

Heavier fines for health and safety violations

15-01-2009 - Heavier fines for health and safety violations are now a reality. The amendment of the Danish Working Environment Act, which includes a doubling of fines, has come into force.

Failure to provide statement of particulars costs DKK 10 000

08-01-2009 - The High Court has now ruled that it will cost an employer DKK 10 000 if no statement of employment particulars is provided. The judgment must be expected to affect future award levels.

Double price for violating the Danish Working Environment Act

22-12-2008 - Fines for health and safety violations to double. A Bill intended to reduce the number of accidents at work introduced by the Danish Minister for Employment

Compensation for age discrimination

26-11-2008 - Nine months’ pay for unfair dismissal. That was the outcome for an employee who succeeded in an age discrimination suit.

The Danish Salaried Employees Act construed in landmark case

14-11-2008 - The Danish Supreme Court delivered a landmark judgment 2 days ago, approving the dismissal of 2 employees at a shorter notice than under the Danish Salaried Employees Act.

Danish Government's legislative programme

20-10-2008 - Digital sickness benefits, larger fines for health and safety violations and planned labour market reform – the Danish Government's draft legislative programme comprises a number of different proposals.

ECJ overturns national family reunification provisions

01-09-2008 - In July 2008, the European Court of Judgment (ECJ) delivered its judgment in a case about family reunification. The implications of the judgment on Denmark’s immigration rules have been the subject of lively media debate in recent weeks: will it open up our borders to immigration and will it affect Danish immigration policy and its employment policy aspects?

Discrimination by association

26-08-2008 - A legal secretary worked at an English law firm. She was the mother of a disabled child and the primary carer for him. In 2005 she resigned. Afterwards she brought a claim of disability discrimination and constructive dismissal against her former employer on the grounds that she had been treated less well than her colleagues and had been forced to resign because she was the primary carer for her son.

Six months' salary awarded in compensation under the Danish Act on Equal Treatment of Men and Women

21-07-2008 - A bankrupt company had to let all of its employees go, but the majority was offered employment with a new company which had acquired the activities.

ECJ Advocate General:

Extending a collective agreement which implements the Proof of Employment Relationship Directive to cover non-union members does not conflict with EU law

Amendment of the Danish Sickness Benefits Act - the employer paid period extended

04-07-2008 - In May 2008, the Danish Parliament amended the Danish Sickness Benefits Act to increase the period in which the employer must bear the cost of salary paid during sickness or sickness benefits from 15 to 21 calendar days. Only after this period will the employer be entitled to claim a refund of the sickness benefits to compensate for some or all of the cost of sickness benefits or salary paid during sickness. It will still be possible for small employers to take out sickness benefit insurance and to agree a refund of sickness benefits with the relevant local authority in case of long-term or permanent sickness.

The ECJ rules on social security provisions for migrant workers

24-06-2008 - The case concerned a single mother of two living in Germany and working in Holland. The German authorities had refused to grant child benefits, arguing that she was covered by Dutch legislation. Under Dutch legislation, she would not have been entitled to child benefits because her children were already 18 years old. A number of questions arose concerning the interpretation of the rules on the application of social security schemes to migrant workers and their families.

The Danish Equal Pay Act amended

20-06-2008 - The Danish Parliament recently amended the Danish Equal Pay Act with effect from 15 August 2008. The amendment implements the recast Equal Treatment Directive (Directive 2006/54/EC of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)).

Easier access for migrant workers

17-06-2008 - The most recently proposed Bill to amend the Danish Aliens Act by securing easier access for qualified migrant workers has now been passed.

Relaxation of requirements for migrant workers from the 10 new EU countries - new rules adopted

28-04-2008 - The Bill to relax the work permit requirements of the Danish Aliens Act for nationals of the 10 new EU member states – Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia – has now been passed by the Danish Parliament to come into force on 1 May 2008.

New Act on the Danish Labour Court and Industrial Arbitration Tribunals

19-03-2008 - The Danish Parliament recently passed a Bill on the Danish Labour Court and industrial arbitration tribunals, which replaces the former Danish Labour Court Act.

Bill to ease work permit requirements of the Danish Aliens Act - the East Agreement

18-03-2008 - The Danish Minister for Integration Affairs recently tabled a Bill to amend the Danish Aliens Act. In addition to providing the statutory basis for revising the current transitional arrangement for nationals of the ten "new" EU Member States (Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia), the Bill proposes to strengthen the Government's clamp-down on illegal work.

Bill to amend the Danish European Works Councils Act passed

14-03-2008 - The Danish Parliament recently passed the Bill to amend the Danish European Works Councils Act which formed part of the Government's legislative programme. The new Act implements the most recent amendment to the underlying Directive. The Bill was described on this website on 16 November 2007.

Planned simplification of business visa rules and administration

06-02-2008 - The Danish Ministry of Refugee, Immigration and Integration Affairs set up a task force in June 2007 to look at options for slimming down business and tourist visa rules and administration.

Contractual retirement age

03-01-2008 - As previously reported on this website, the minimum compulsory retirement age under the Danish Anti-Discrimination Act has risen from 65 to 70 with effect from 1 January 2008. This change will affect not only employment contracts signed after 1 January 2008, but also existing employment relationships.

Weekly working hours not changed after period of considerable overtime

07-12-2007 - In July 2005, a woman was employed as a retail sales assistant. It was agreed that she would work 20 hours every week, but over a couple of months she worked a considerable amount of overtime.

DKK 1 million penalty imposed on employer for breach of collective agreement

(statement of employment particulars) 03-12-2007 - In this case, the Court was asked to determine whether an employer was liable for a penalty under the collective agreement for giving inadequate statements of particulars and also for failing to give any at all.

Landmark Danish judgment on footballers’ terms of employment

The Danish Football Association (DBU) not bound by collective agreement between players and clubs

Another relaxation of the Eastern Europe Agreement

 

The Danish political parties behind the Eastern Europe Agreement recently agreed to further relax the Agreement, which is a transitional scheme to help Danish businesses recruit from the 10 new EU Member States (Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia).

New Act to require listed companies to lay down guidelines for executive incentives

 

As part of the Danish Government's drive for greater transparency of executive pay packages, the Danish Commerce and Companies Agency sent out to consultation earlier this year a Bill to require listed companies to lay down guidelines for their executive incentive schemes. The resultant Act was passed on 1 June 2007.

The Danish Taxation of Pension Schemes Act incompatible with the Treaty

Judgment by the European Court of Justice (case C-150/04)

On 30 January 2007, the European Court of Justice (ECJ) delivered judgment in a case concerning the Danish Taxation of Pension Schemes Act and whether it conflicts with the freedoms guaranteed by the Treaty, i.e. freedom of movement for workers, freedom of establishment, freedom to provide services within the EU and free movement of capital.  

Bill to ban smoking introduced

 

The Danish Government and a number of the political parties represented in the Danish Parliament agreed in late 2006 to ban smoking in Danish workplaces and the resultant Bill was recently introduced.

Bill to ban smoking introduced

 

The Danish Government and a number of the political parties represented in the Danish Parliament agreed in late 2006 to ban smoking in Danish workplaces and the resultant Bill was recently introduced.

Easier access to residence and work permits in Denmark

The Danish Job Card Scheme essentially provides foreign nationals with a fast-track route to residence and work permits for up to 3 years if they have a job offer in hand and the job is on the approved list of job categories.

The Danish Taxation of Pension Schemes Act incompatible with the Treaty

 

Judgment by the European Court of Justice (case C-150/04)

Bill to ban smoking deferred

In late 2006, the Danish Government and a number of the political parties represented in Parliament agreed to implement a comprehensive ban on smoking in public places and workplaces. The Bill introducing the ban on smoking was to be drafted by the Ministry of the Interior and Health and enter into force on 1 April 2007.

No entitlement to severance pay upon retirement at fixed retirement age

In his employment contract, an employee E was covered by a provision with the following wording: ”The Salaried Employee is under an obligation and will be entitled to retire without notice when reaching 65 years of age, unless otherwise agreed”. In pursuance of this provision, E retired from his position with the company C when he reached 65 years of age.

Judgment in leading case sets aside the parents' right to split parental leave

{mosimage}The Eastern High Court has recently ruled in a case which was previously tried before the Gender Equality Board in the autumn of 2003.

Pilot's liability to pay damages for discontinuing service upheld by the Danish Supreme Court

In its judgment of 13 January 2005, the Danish Supreme Court found for the Danish Ministry of Defence in respect of the Ministry's claim that a pilot was liable to pay damages for discontinuing his service 17 months prior to the expiry of his term of 13 years (until attaining the age of 33).

Penalty for breach of fidelity clause contrary to Danish Salaried Employees Act

Judgment from the Danish Eastern High Court.

The case concerned the question whether an employee, M, was in breach of a fidelity clause and a non-competition clause.

Supreme Court judgment in leading case on headscarves

On 21 January 2005, a unanimous Supreme Court upheld the Eastern High Court's judgment of 18 December 2003 and, thus, acceded to the Eastern High Court's assessment that a large Danish retail chain was entitled to summarily dismiss an employee who announced that after five years' employment she intended to wear a headscarf because of her Muslim faith.

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