Articles

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.

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.

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

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.

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Data Protection Regulation (GDPR) regarding the retention of approximately 385,000 former customers personal details in outdated customer information system.

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.

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.

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.    

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.

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.

Currently there is a discrepancy between the exemption condition pursuant to the Working Time Act and the Executive Order on Hours of Rest, to resolve the disparity a proposal has been made to align the conditions for self organisers.

Parents of triplets and quadruplets born after 1 January 2023, have always been entitled to an additional 26 weeks of leave. New rules will come into force on 1 May 2024, granting twin parents similar rights.