Articles

Kilde: Ellint

Anti-discrimination provisions in labour law

Discrimination in the workplace is a very broad and complex issue, both because it can be based on various factors (e.g. health, gender, sexual orientation, age, religion, race, etc.), and because it can occur at all stages of the employment relationship, from the recruitment phase to possible termination.
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Kilde: Ellint

Protective regulations for pregnant women and mothers in labor law: Germany and France

Ensuring the safety and well-being of pregnant women and mothers is an important aspect of labor law in many countries. These protective regulations not only safeguard the health of mother and child, but also provide the necessary job security and financial support during this difficult period. However, the details of this protection can vary greatly depending on the legal framework and cultural context of each country.
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Kilde: Ellint

Non-compete clauses: A comparison between French and Danish legislation

A non-competition clause is an agreement between an employee and the employer prohibiting the employee from being employed or otherwise carry out competing business during a fixed period after the employment has come to an end. In this article which you can download, our experts from Denmark and France answer 5 key questions on to the application of the legislation in relation to non-compete clauses in their respective countries.
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Bill on stricter requirements for posting foreign employees in Denmark

On 2 October 2024, a bill was presented proposing amendments to the Act on the Posting of Employees, etc. and the Aliens Act. The bill will lead to tightening of the requirements for posting foreign employees in Denmark, if adopted the new rules will apply from 1 January 2025. The bill implements a political agreement from 23 May 2024, which aims to strengthen efforts against social dumping and illegal labour.
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The Employee and Competency Agency have issued guidance on the self-organiser exemption

The Employee and Competence Agency has issued guidance on the agency’s interpretation on the self-organiser exemption.
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Kilde: PowerPoint

New threshold for tax-free employee benefits

New de minimis limits for small and work-related employee benefits in 2025 are introduced determining the level of benefit employers can offer employees tax-free.
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Kilde: PowerPoint

GDPR – fines – the Advocate General’s opinion in the ILVA case

On 12 September 2024, the Advocate General issued his opinion on the “Ilva” case relating to an infringement of Article 5(1)(e), Article 5(2) and Article 6 of the General Data Protection Regulation (GDPR) regarding the retention of approximately 385,000 former customers personal details in outdated customer information system.
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Kilde: PowerPoint

EU judgment on overtime pay for part-time employees

The European Court of Justice has ruled in the combined cases of C-184/22 and C-185/22 on whether a provision regarding overtime pay in a German collective agreement constituted a less favoirable treatment of part-time employees and gender discrimination.
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Kilde: PowerPoint

Employer could not dismiss with retroactive effect

The Supreme Court has ruled that it was not justified to apply a retroactive dismissal to the date on which an employee received notice of an intended dismissal. The Supreme Court held that dismissal could only take effect from the actual dismissal date.
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Kilde: PowerPoint

Enhanced pay conditions for women may be justified in accordance with the Maternity Act

The Equal Treatment Board has ruled that it was not a breach of the Equal Treatment Act for a company to provide favorable pay conditions for female employees as opposed to males when taking leave pursuant to the Maternity Act.    
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As of today, the new rules on registration of working time enter into force

Starting today, all employees, except self-organizers, must register their working hours. This is a consequence of the Danish Parliament adopting a bill on 23 January 2024 to amend the Working Time Act, which will enter into force on 1 July 2024.
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Pay Transparency Directive – Rights to Pay Information

On 10 May 2023, the EU Council adopted a directive with the aim to strengthen the application of the principle of equal pay for equal work between men and women through pay transparency and enforcement mechanisms, otherwise referred to as the Pay Transparency Directive.
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