DENMARK Law and Practice Contributed by: Lise Lauridsen and Sandro Ratkovic, Bech-Bruun
information must be given in writing and shall include information on the contemplated redundancies and a copy of the above-mentioned information given to the employees’ representatives. The information to the Regional Employment Council must be sent at the same time (ie, the same day) as the employees’ representatives are informed. 7.2 Notice Periods Notice Periods In regard to white-collar (salaried) employees, employ - ers must observe a statutory minimum notice period for dismissal of: • one month during the first six months of employ - ment; and • three months after six months’ employment, increasing by one month for every three years of service with the employer, up to a maximum of six months’ notice. These notice periods apply to the termination of open- ended contracts and also in cases where a fixed-term contract is terminated before its term. The notice peri - ods must run until the last day of a calendar month. White-collar employees must give at least one month’s notice (up until the end of a calendar month) of res - ignation. The employer and employee may agree in writing that a longer period of notice must be given by the employee, but in this case the period of notice to be given by the employer must be extended cor - respondingly. The above rules on notice periods do not apply if the work is of a purely temporary nature and the employ - ment relationship does not exceed one month. In such cases, the employment relationship may be terminat - ed without notice. Legislation specifically allows for a white-collar employee and an employer to reach an individual writ - ten agreement to the effect that the employee may be dismissed with one month’s notice after 120 days of sickness absence in any 12-month period (except in the case of pregnancy-related sickness). This applies only if the employee is still absent through sickness,
and the employer has paid the employee fully during the sickness absence. In respect of blue-collar employees, notice periods are generally set by collective agreements and vary according to the agreement applicable. To take the example of one of the most important agreements, the Industrial Collective Bargaining Agreement between the Confederation of Danish Industry and CO-Industry (in Danish: “ Industriens Overenskomst ”), for manufac - turing, it provides that, during the first six months of employment, neither the employer nor the employ - ee is required to give notice of termination. After six months’ service, the employer must give 14 days’ notice, rising to: • 21 days after nine months’ service; • 28 days after two years’ service; • 56 days after three years’ service; and • 70 days after six years’ service. Further, employees aged 50 and above are entitled to longer notice, this being: • 90 days after nine years’ service; and • 120 days after 12 years’ service. The notice periods on the part of the employee are:
• seven days after six months’ service; • 14 days after three years’ service; • 21 days after six years’ service; and • 28 days after nine years’ service.
With regard to both white- and blue-collar employees, employers must pay employees their usual pay during the notice period. This applies even if the employer releases the employee from his or her duties dur - ing the notice period. However, if this occurs, the employee is under an obligation during the notice period to seek other (non-competing) employment and take it up if available. If the employee finds such employment, the employer is generally entitled to off - set the income from the new employment against the employee’s pay during the remainder of the notice period (in any event, after the first three months of the notice period in the case of white-collar employees).
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