| 1. Is it a legal
requirement that employees must receive an employment
contract ? |
Yes, employees must receive an employment
contract and they must receive it on the first day of
their employment, at the latest. |
| 2. What factors constitute
a fair dismissal i.e.legally justifiable reasons to
terminate employment without the need to pay compensation?
|
The most important factors which
constitute a fair dismissal are:- that the employer's
business is ailing - need to reduce costs- that the
employee has acted with gross negligence (burden of
proof is on the employer). |
| 3. What is good practice
with regard to dismissal procedures to minimise the
risk of claims for unfair dismissal? |
Early discussions with the employee
and his/her union representative (where relevant) and
to prove the necessity of reducing staff - see (2) above. |
| 4. If an employee
is dismissed unfairly what is the financial range of
compensation that can be made to employees? |
Usually up to 3 months wages. |
| 5. Do employees have
the right to be members of a trade union? |
Yes |
| 6. Is there any legal
requirement for an employer to contribute to a pension
for employees? |
Yes, it is a legal requirement that
an employer contributes to the state pension for employees. |
| 7. What are standard
maternity rights? |
Dismissal by reason of
pregnancy could result in a compensation award of up
to one year's salary.Leave: 4 weeks, at full pay, prior
to the birth, afterwards -14 weeks; father also entitled
to 2 weeks Thereafter, each parent is entitled to up
to 46 weeks parental leave - wages are subject to negotiation.Once
the period expires, the parents are entitled to an allowance
from the State. Obligation for the employer to reinstate
the employee in her previous position. Dismissal by
reason of pregnancy could result in a compensation award
of up to one year's salary.Leave: 4 weeks, at full pay,
prior to the birth, afterwards -14 weeks; father also
entitled to 2 weeks Thereafter, each parent is entitled
to up to 46 weeks parental leave - wages are subject
to negotiation.Once the period expires, the parents
are entitled to an allowance from the State. Obligation
for the employer to reinstate the employee in her previous
position. |
| 8. What are parental
leave rights (including paternity leave)? |
| 9. When are employees
eligible for redundancy payments? |
Employees are eligible for redundancy
payments after 12 years employment. |
| 10. What are the
statutory redundancy payment limits? |
12 years - one months salary
15 years - two months salary
18 years - three months salary |
| 11. Can existing
employees be dismissed if you buy a business with employees? |
No, according to the Danish Act on
transfer of undertakings, all the transferor's rights,
duties, powers and liabilities in relation to employment
agreements (or by collective agreements) are transferred
to the transferee. |
| 12. Any other general
legislation? |
Companies should be aware of collective
labour agreements - conclude every two years in addition
to prohibition against discrimination on various grounds. |
