Articles

New 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 […]
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Ministry 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 […]
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Does 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 […]
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Companies 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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The Danish Holiday Act Committee has completed its work on the new Danish Holiday Act

The Danish Holiday Act Committee has now presented their proposal for a new Danish Holiday Act to the Minister for Employment. The Danish Holiday Act Committee was appointed in 2015, among other things based on the assessment of the EU Commission that the Danish Holiday Act’s rules on staggered holidays conflicted with EU law. Therefore, […]
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The right to undertake sideline occupation – where is the limit?

The Danish Salaried Employees Act confers rights to ”undertake off duty tasks”, if the task can be performed without any inconvenience to the employer, but what does that mean in practice? As a general rule, an employee has the right to decide what to do in his or her spare time, and the employee therefore […]
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Less outsourcing – more insourcing

In a recently published survey, PWC has disclosed that Danish chief executives are planning to outsource less than before. The figures show that only 27 % of the chief executives of the largest Danish companies are planning to outsource in 2017. In comparison, the figures in 2014, 2015 and 2016 were 41 %, 45 % […]
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Sickness before and during holidays – when does an employee have the right to replacement holidays?

A new holiday year has started and many employees are about to take their holidays. Sickness before or during the holiday and requests for taking the holiday at another time, are questions that cause the employers a lot of torment. Employees who are absent due to sickness before the beginning of a planned holiday, are […]
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Mette Klingsten Law Firm in ICLG

Mette Klingsten Law Firm has contributed to the International Comparative Legal Guides (ICLG) by writing the 2017  chapter on Danish employment law. ICLG publishes legal guides to 44 practice areas in 142 jurisdiction. The nine sections in the Danish chapter on employment law cover areas such as employee representation and industrial relations, discrimination, maternity and […]
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Danish Holiday Act to be brought into compliance with EU-legislation

The Danish Holiday Act is under review by the Ministry of Employment. The future Holiday Act is intended to be a simpler and more modern version, in accordance with international obligations. In a statement from 27 April 2015, the EU Commission stated that the current Danish Holiday Act is not in compliance with EU-legislation because […]
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Can employees be required to keep salaries confidential?

While many professional-employees unions in Denmark arrange courses on salary-negotiations, most people are still uninterested in sharing salary information with their colleagues. That’s because discussing salaries is still taboo for most people – especially executives and other key employees. Although everyone is curious about how much their colleagues are paid, they still refuse to open […]
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When is a termination in violation of the rules of the antidiscrimination legislation? New ruling from the Danish Supreme Court on 25 October 2016.

As early as 2002, the Danish Supreme Court ruled that the appraisal of whether a termination is justified according to the rules of the Salaried Employees Act must be based on the conditions at the time of termination – and not on incidents occurring subsequent to the notice period. In the particular case from 2002, […]
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