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ARTICLE · 04 JULY 2024

Employment Or A Favour For A Friend?

A bicycle dealer in Denmark was fined DKK 10,000 (about EUR 1,340) because one of his friends who did not have a work permit had helped him carry a few bikes into the bike shop.

DenmarkEmployment and HR

A bicycle dealer in Denmark was fined DKK 10,000 (about EUR 1,340) because one of his friends who did not have a work permit had helped him carry a few bikes into the bike shop.

It is a criminal offence to employ a foreign national who does not have the required work permit. However, the term ‘employment' is not defined in the Aliens Act, so the question is whether there is a ‘lower limit' as to what constitutes employment, and whether there is room for favours for friends? The Supreme Court recently addressed this question and interpreted the concept of ‘employment' very broadly.

The case concerned a bicycle dealer. One of his friends, who was a rejected asylum seeker and did not have a Danish work permit, had visited him at his bicycle shop. During the friend's visit, the shop received a delivery of bicycles and the bicycle dealer said he would be happy if the friend could help him and the other employees carry the bicycles from the truck into the shop.

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