Comparative Guides
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Results: 4 Answers
Labour and Employment
5.
Dismissals and terminations
5.1
Must a valid reason be given to lawfully terminate an employment contract?
 
Denmark
If the employee is protected against unfair termination, a reason for termination must be given.

For more information about this answer please contact: Michael Møller Nielsen from Lund Elmer Sandager
5.2
Is a minimum notice period required?
 
Denmark
Unless no notice period applies – which is typically due to short seniority or a special regulation in an individual employment contract – employees are entitled to notice of termination.

The notice period follows from:

  • the Salaried Employees Act;
  • a collective bargaining agreement; or
  • the individual employment contract.
For more information about this answer please contact: Michael Møller Nielsen from Lund Elmer Sandager
5.3
What rights do employees have when arguing unfair dismissal?
 
Denmark
Employees who are subject to the Salaried Employees Act are protected against unfair dismissal after 12 consecutive months of employment. The seniority requirement under collective bargaining agreements is typically nine months, but may vary. An employee is treated as dismissed if the employer gives notice of termination or invokes misconduct by the employee as a reason for considering the employment relationship as terminated. No third-party consent is required.

For more information about this answer please contact: Michael Møller Nielsen from Lund Elmer Sandager
5.4
What rights, if any, are there to statutory severance pay?
 
Denmark
As a rule, employees who are protected by the Salaried Employees Act may claim compensation in an amount equal to the length of the notice period in the case of unfair dismissal. Typically, one-third to two-thirds of the maximum amount is awarded. Furthermore, before the industrial tribunals, reinstatement is also possible.

Employees may bring their claims before the ordinary courts or, if protected by collective bargaining agreements, the ad hoc industrial tribunals.

For more information about this answer please contact: Michael Møller Nielsen from Lund Elmer Sandager