Articles
What should an employer be aware of before the new holiday year begins on 1 May?
The employer must ensure that the employees take their vacation. When planning the vacation, the employer must take the wishes of the employee into account, but ultimately, the employer can decide when all five weeks of holiday must be held, if the parties do not reach an agreement. Holiday earned in 2016 must be held […]
Read moreIs requesting copies of passports from job applicants allowed?
Committee on equality and non-discrimination: It was not a breach of the Anti-Discrimination Act when a complainant was not offered a vacant position, because he refused to present a copy of his passport to the company. But it may fall foul of the personal data protection act? If a company has employees without a work […]
Read moreOn 25 January 2018, the Danish Parliament has passed a new Holiday Act, which, among other things, entitles newly hired employees to take their holidays during their first year on the labour market.
If an employee is hired for a new job, the employee has the right to accrue holidays from day one. That is the result of the new Holiday Act. The new Holiday Act is to align Danish law with the working time directive that entitles employees to take minimum 4 weeks of paid holiday. Currently, […]
Read moreThe Danish Expat Tax Regime
The Danish Expat tax regime covers among others highly paid employees and scientists, who have not been taxable in Denmark for a period of ten years. The maximum duration of the regime has been extended from a total of 60 months (5 years) to a total of 84 months (7 years) and the base tax […]
Read moreWhat is sexual harassment and what is flirting in the workplace?
Together with approximately 100 other women from the French cultural life, the 74-year movie icon Catherine Deneuve has warned about, what they see as a ”witch hunt” against men. The French actress has set both the French government and a group of younger feminists against herself after she has accused the #metoo movement of going […]
Read moreTax allowance for legal expenses and taxation, if the employer pays the expenses
We have received a lot of questions in relation to the possibility of deducting legal expenses in connection with cases on payment of salary or other claims against the employer. In 2001, the National Income Tax Tribunal (SKM2001.473.LSR) decided on the situations in which an employee has the right to deduct legal expenses. Prior to […]
Read moreNew principal Supreme Court judgment on release of obligation to work in connection with business transfer
The Supreme Court has just taken a position on a principle question concerning the release of an employee from the obligation to work prior to the date of transfer of the company. 42 employees were chosen to be transferred to a buyer from a company, which was declared bankrupt, together with the activities in the […]
Read moreIn a judgment of 14 November, the Supreme Court has laid down a set of principles for the assessment of compensation for breach of the Working Time Act
It follows from Section 4 of the law on implementation of parts of the working time directive (the Working Time Act) that the average working hours during a 7-days’ period of time, calculated over a 4-months’ period of time, must not exceed 48 hours including overtime. Periods with annually paid holidays and sick leave periods […]
Read moreNew landmark decision from the Supreme Court on release of obligation to work in connection with business transfer
The Supreme Court has just taken a position on a principle question concerning the release of an employee from the obligation to work prior to the date of transfer of the company. 42 employees were chosen to be transferred to a buyer from a company, which was declared bankrupt, together with the activities in the […]
Read moreMinistry of Employment’s Program 2017/2018
As is tradition the first Tuesday of October, the government’s legislative program for the coming parliamentary year is presented. This also applies for legislation covering employees. The Danish Parliament reopened yesterday as always on the first Tuesday in October. This year 3 October 2017. The Danish Prime Minister gave his oral opening statement and furthermore […]
Read moreDoes your company have an updated smoking policy?
The law governing smoking in public places protects employees and other persons in work places, schools, educational institutions, public institutions and restaurants from being subject to passive smoking. According to the law governing smoking in public places, smoking in private and public work places is not allowed. The law was made in 2007, but it […]
Read moreCompanies should (re-)check their IT policies
The European Court of Human Rights has just come to a decision on employers’ right to monitor the e-mails of their employees. In the case of Bărbulescu v. Romania (Case No. 61496/08), the Grand Chamber arrived at a different result than the first section of the court. The judgment illustrates that there are limits as […]
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