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 […]
Pay transparency in the EU: New rules from 2026 – what should companies prepare for?
From summer 2026, new EU rules will come into force, introducing far-reaching changes in employers’ obligations regarding pay and pay transparency. The objective of Directive (EU) 2023/970 is to ensure effective equal pay for equal work and work of equal value, as well as to strengthen the transparency of recruitment and pay practices. The upcoming […]
Psychological Work-related Injuries: A Focus on the Psychological Work Environment
An employer’s duty to ensure that working conditions are safe and health applies not only to the physical environment but also to the psychological work environment. Mental health issues/psychological harm caused by the work environment — including harassment, bullying, or lack of managerial support — can in some cases give rise to claims for compensation […]
The Danish Supreme Court Clarifies the Scope of the Workers’ Compensation Act in Relation to Work from Home
On 2 May 2025, the Danish Supreme Court delivered an important ruling clarifying the scope of section 5 of the Danish Workers’ Compensation Act (arbejdsskadesikringsloven) in relation to injuries sustained while working from home. The Case An employer had instructed an employee to work from home during the COVID-19 pandemic but had not provided any […]
Employee or self-employed? – The common definition of employee in Danish and EU law
The boundary between employees and self-employed individuals is a cornerstone of employment law. This is because only employees are covered by central employment laws – including the Salaried Employees Act, the Holiday Act, the Working Hours Act and the Employment Contracts Act – and in many cases also by collective agreements. An incorrect classification can […]