Sports Law 2025

DENMARK Law and Practice Contributed by: Frederik Bruhn, Tim Krarup Nielsen, Robert Jønsson and Rasmus Theis Madsen, DAHL Law Firm

(2025-2030) that the Salaried Employees Act applies, except for rules on termination notices. Football players’ employments are governed in detail by the DBU Standard Player Contract and the Collective Agreement, and there is not much room for interpretation. Employees in the business of sport are also pro - tected by other mandatory legislation, such as the Danish Holiday Act. In the so-called Holi - day Pay case a dispute arose regarding wheth - er clubs should pay holiday allowances and pension contributions on performance-related bonuses, which the Football Arbitration Court ruled was the case. Employment Regulation for Coaches Sports coaches in Denmark are generally con - sidered salaried employees under the Danish Salaried Employees Act, at least if they are head coaches entrusted with de facto management powers. This means that their employment is subject to statutory protections, including: • mandatory notice periods that cannot be contractually shortened or deviated from to the disadvantage of the coach; • the right to continue receiving salary during notice periods, even if they are relieved of their duties; and • entitlement to compensation if dismissed unfairly or without just cause. The Collective Agreement between the Danish League and the Players’ Association does not cover football coaches. Fixed-Term v Open-Ended Coaching Contracts Football coaches are often employed on fixed- term contracts, similar to players, which cannot

be terminated for convenience by either party. Despite the prevalence of such contracts, the legal position remains unclear. If the Danish Salaried Employees Act applies, a coach may still terminate their fixed-term contract with one month’s notice, which contradicts the intended purpose of such contracts. Usually, the fixed term spans from one to three years whereas time open-ended coach con - tracts allow termination with typically three to four months’ notice, depending on the coach’s length of service. If a coach is dismissed before their fixed-term contract expires, the club is still liable to pay their salary, although the club can deduct any income the coach subsequently earns from new employment. Dismissal and Severance Payments Coaches who are fired and placed on garden - ing leave cannot take up employment with com - peting clubs during their notice period unless an agreement is reached. To mitigate financial exposure, buyout clauses can be included, allowing the coach or another club to pay com - pensation for early contract termination. 7.3 Free Movement of Athletes Restrictions on the Number of Foreign Athletes in Competitions As in other countries in the EU, governing bod - ies must comply with, inter alia, the principle of free movement of workers under Article 45 of the TFEU. Reference is made to the Bosman ruling and the most recent Diarra case. In addition, clubs and leagues must comply with the Danish Anti-Discrimination Act, which pro - hibits discrimination in the labour market based on, inter alia, national origin.

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