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.
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.
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.
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Data Protection Regulation (GDPR) regarding the retention of approximately 385,000 former customers personal details in outdated customer information system.
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.
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.
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.
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.
Proposal to align conditions for self-organiser exemption
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.
Additional leave rights bill for parents of twins has been adopted
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.