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

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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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.

If the Bill is enacted, the current transitional arrangement for nationals of the "new" EU Member States will be phased out as the requirement of a residence and work permit for such nationals will be removed if they carry out work for a unionised employer in Denmark, and they will only need to apply to the relevant state county for a registration certificate, like other EU nationals. Such an application must be submitted within 3 months of entry to Denmark. For nationals of the "new" EU Member States who are employed by non-unionised employers in Denmark, the current arrangement will still apply, which means that they will need to apply for a residence and work permit.

As a consequence of the easier access to the Danish labour market, the Government will reinforce its efforts to stop illegal work, among other things by means of the Fair Play Initiative. The Fair Play Initiative is a multi-departmental venture by the tax authorities, the police, the National Directorate of Labour and the Danish Immigration Service to combat illegal work. The idea is that those authorities will share information that may be relevant in the effort to stop illegal work.

If enacted in its current form, the Bill is expected to come into force on 1 April 2008.

Norrbom Vinding will be reporting on the Bill's progress through the Danish Parliament on this website.

Marianne Granhøj

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This information does not constitute legal advice and should not be relied upon as such