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Danish Government’s legislative programme

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

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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.

At the opening session of the Danish Parliament, the Government introduced its draft legislative programme 2010-11. In line with previous years, we have summed up some of the legislative initiatives concerning labour and employment law.   Norrbom Vinding will of course be following the initiatives closely.   Legislation proposed by the Danish Minister for Employment  

Amendment of the Danish Sickness Benefits Act: Employment requirement and sickness benefits on weekday holidays  

Some time this month, the Minister is expecting to introduce a bill to tighten the Danish Sickness Benefits Act, more specifically the requirement that individuals must have been employed for at least 26 weeks and 240 hours (up from 13 weeks and 120 hours) in order to claim sickness benefits. In addition, claimants will no longer receive sickness benefits on weekday holidays.  

Act on Workers' Compensation in Greenland: Separate regulation for Greenland  

With the Bill scheduled to be introduced this month, Greenland will have separate regulation of workers' compensation. The regulation will be based on the Danish rules, but with some adjustments to reflect the special circumstances prevailing in Greenland.  

Amendment of the Danish Working Environment Act: Strategy towards 2020  

The Bill should be seen in conjunction with the fact that, this autumn, the Government will be announcing the strategy for its working environment initiative until 2020. The Bill is expected to include monitoring initiatives, penalty differentiation and adjustments to the smiley and counselling schemes.  

Act on Payments Denmark: Centralised payments  

The Bill proposes to establish a new independent entity named Payments Denmark ("Udbetaling Danmark") to handle the administration of a number of payments that are currently handled by the local authorities. If the Bill is enacted, a number of employees will transfer from local government to Payments Denmark. The first part of the Bill is expected to be introduced in November 2010, and the other part some time during 2011.  

Amendment of the Danish European Works Councils Act: Implementation of EU directive  

The Bill intends to implement EU Directive 2009/38/EC concerning European works councils. As a result of the Bill, the definitions of information and consultation will be adjusted and the rights of the social partners will be improved.  

Amendment of the Danish Holiday Act: Spot checks  

With the Bill, which is scheduled to be introduced in late December 2010, the Danish Labour Market Holiday Fund and the private holiday funds will be authorised to carry out spot checks to verify that employers have paid in any unclaimed holiday pay. The Bill also includes various simplifications and adjustments to reflect labour market developments.  

Increase of employer contributions to labour market purposes etc.  

As part of the Government's plans to restore the Danish economy, a bill will be introduced this November to increase employers' contributions to labour market purposes etc.  

Amendment of the rules governing incapacity pensions and soft jobs  

In early 2011, the Government is expecting to introduce a bill to amend the rules on incapacity pensions and soft jobs. The intention is to have more people in regular employment and less people on incapacity pension and in soft jobs.  

Amendment of Danish Act on employers right to partially recover salary paid to employees on childbirth leave: Evaluation of the Act  

The current Act, which entitles employers to recover some of the salary paid to employees on leave due to pregnancy, childbirth or adoption, is due for revision in 2010/11. When the Ministry have finished the process of evaluating the Act, a decision will be made as to whether it should be amended.  

 

Legislation proposed by the Danish Ministry of Interior and Health  

Amendment of the Danish Local Government Act : New forms of government  

In February 2011, the Government will be introducing a bill to change the form of government in the major cities to transfer to the usual majority rule with a unified administrative management system.

 

Legislation proposed by the Danish Minister for Justice  

New Freedom of Information Act  

As a result of the report published by the Danish Freedom of Information Commission in the autumn of 2009, the Government will introduce a bill this November to introduce a new and consolidated Freedom of Information Act. The intention is for the Act to reflect the developments, including technological advances, that have taken place since the current Freedom of Information Act was adopted in 1985. If the Bill is enacted, a number of adjustments will be made to the Danish Public Administration Act, the Danish Administration of Justice Act and the Danish Data Protection Act.  

Amendment of the Danish Liability for Damages Act: Loss of earnings capacity

Following a number of court cases concerning the point at which an injured party is entitled to claim compensation for loss of earnings, the Minister for Justice is currently considering the need for new rules in this field. A bill is expected in early December 2010.  

 

Legislation proposed by the Danish Minister for Economic and Business Affairs  

Amendment of the Danish Financial Business Act: Financial sector remuneration  

This November, the Government is expecting to introduce a Bill to govern remuneration practices in the financial sector.

 


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