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Stricter duty to notify

April 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

More articles by this firm.

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

When a foreign enterprise posts employees to Denmark to provide services, it must file certain details with the Danish Commerce and Companies Agency to ensure compliance with Danish law. The Danish Government recently introduced a Bill proposing a stricter duty to notify.

The Bill is intended to ensure that the Danish rules on posting of employees are enforced and observed and also that the social partners are able to contact foreign service providers.

Its most important features include an extension of the rules about the stricter duty to notify to also include independent enterprises without employees and a stricter penalty for failing to notify. Also, the Danish Working Environment Agency would monitor compliance with the duty to notify in future.

A last and very substantial feature is also that in the building and construction industry, principals would now be required to ensure they are able to show that a foreign service provider has filed the necessary information with the Danish Commerce and Companies Agency. This means that Danish businesses and private individuals risk being fined if they have work or services performed for them by posted employees in the building and construction industry and fail to make sure that the necessary filings have been made. The Bill also proposes authorising the Minister for Employment to extent the principal's duty to notify to other industries as well.

Norrbom Vinding will follow and report on the Bill's progress through the Danish Parliament.