The Danish Supreme Court clarifies the distinction between temporary agency work, the Danish Salaried Employees Act and fixed-term employment
Can a temporary agency worker simultaneously be covered by the Danish Temporary Agency Workers Act and the Danish Salaried Employees Act, and when does a temporary agency assignment cease to be temporary? The Danish Supreme Court has addressed these questions in a recent judgment involving two cases that clarify the interaction between the Danish Temporary Agency Workers Act and the […]
Supreme Court: Handshake requirement was not necessary and constituted indirect discrimination
Can an employer require employees and interns to shake hands with everyone regardless of sex? The Supreme Court addressed this question in a ruling concerning a student teacher whose internship was terminated because she did not shake hands with adults of the opposite sex for religious reasons. A Brief Outline of the Case In the […]
Danish Government Proposes Implementation of EU Pay Transparency Directive
The Danish government has submitted a bill to implement the EU Pay Transparency Directive for public consultation. Under the proposal, the new rules would not take effect until 1 January 2027, despite the directive originally requiring implementation into Danish law by 7 June 2026. This delay is intended to give employers more time to adjust […]
New Rulings on Overtime Pay for Part-Time Employees – EU Law Changes Established Practice
A new landmark arbitration award establishes that part-time employees can no longer be denied overtime pay until they reach the full-time threshold of 37 hours per week. The decision, delivered in the wake of two rulings from the Court of Justice of the European Union, changes long-standing practice pursuant to the industrial collective agreements and […]
Temporary workers must be compensated for inferior conditions
On 3 November 2025, the Labour Court issued a landmark decision that changes the interpretation of the Danish Temporary Agency Act. The ruling clarifies when a temporary employment agency may lawfully deviate from the principle of equal treatment. Facts of the case The case involved a temporary worker who worked as a receptionist at Skejby […]
Eastern High Court judgement narrows Scope of Whistleblower Protection
A recent judgment from the Eastern High Court provides important clarification on the formal requirements for obtaining protection under the Danish Whistleblower Act. The ruling confirms that only reports submitted through an established whistleblower scheme—or lawful public disclosures—can trigger the Act’s protection. Internal inquiries directed to managers, HR departments, or legal units fall outside the […]
Reporting of Unused Holiday to the Labour Market Holiday Fund
Employers are required each year to report unused holiday days and pay holiday funds for unused holiday to the Labour Market Holiday Fund (“Arbejdsmarkedets Feriefond”). The report serves as documentation that the holiday accounts have been settled for hourly-paid employees, resigned salaried employees, and monthly-paid employees still in employment and entitled to paid holiday. Principles […]
No Notification, No Valid Dismissal: EU Ruling Raises the Stakes for Employers
On 30 October 2025, the Court of Justice of the European Union (CJEU) ruled that employers who proceed with collective redundancies without advance notification to the relevant authorities cannot validly terminate the employment relationship. The CJEU confirmed that only once the mandatory notifications have been given and the waiting period has expired can the dismissals […]
A new parliamentary year has started – here are the key initiatives in the area of employment
True to tradition, the Danish Parliament has been opened on the first Tuesday in October, and in this connection, the Government has presented the legislative programme for the parliamentary year 2025/2026 of the Ministry of Employment. The legislative programme presents the government’s political priorities for the coming year and contains several proposals of importance to […]
New Act on Freedom of Expression for Public Employees Adopted by the Danish Parliament
On 1 July 2025, a new act entered into force, consolidating the applicable rules on the freedom of expression for public employees. The purpose of the act is twofold: to provide clarity regarding existing rights and to emphasise the political support for public employees’ right to express themselves. Public employees in Denmark, like all other […]