Under what circumstances can a Danish employer terminate an employee's employment?
navigating Danish labor laws is crucial when it comes to letting go of staff. Here's what you need to know about Danish employment termination procedures.
Procedural Necessities
While Danish companies have the authority to hire and fire employees, they must adhere to specific rules and regulations.
Crucially, a "reasonable and fair justification" must be provided when terminating an employee, as per Linda Nordstrøm Nissen, Deputy Director and lawyer at Tekniq, an employers' and business interest organization.
"This could be due to company circumstances, such as a downsizing, or employee misconduct," Nissen explained. Klara Elisabeth Hoffritz, political legal adviser and lawyer with trade union HK Privat, also confirmed that a dismissal due to company circumstances would typically be considered justified.
If an employee is unsatisfactory in their role, a series of warnings and constructive feedback must be issued before a dismissal can occur. Workplace rule violations must be addressed before any action is taken, and employees have the right to contest the dismissal if they feel it was unjustified.
Sick Leave and Termination
A common misconception is that employers cannot terminate employees on sick leave. However, in practice, any dismissal is possible as long as it is "reasonably" justified, according to Hoffritz. If an employee's sick leave lasts for more than 120 days, however, the employer may terminate the employment with shortened notice.
Before dismissing a sick employee, the employer is obligated to assess the employee's ability to return to work and cannot ask about their illness directly. Instead, they can request a "fit for work declaration," which is prepared jointly by both parties during a sick leave meeting.
In cases where a doctor concludes that the employee will not be able to return to their job, the employer has grounds to terminate the employment.
** key rules related to Danish employment termination include the importance of providing a valid reason for dismissal, ensuring clear communication, and adhering to proper procedures. Understanding these rules and regulations is essential for any company operating in Denmark.**
- When terminating an employee in Denmark, a company must provide a reasonable and fair justification, as advised by Linda Nordstrøm Nissen, Deputy Director and lawyer at Tekniq.
- Downsizing can be a reasonable justification for employee termination, as clarified by Klara Elisabeth Hoffritz, political legal adviser and lawyer with trade union HK Privat.
- In the case of employee unsatisfactory performance, before dismissal, a series of warnings and constructive feedback must be issued in Denmark, following Danish employment termination procedures.
- Unsatisfactory employees in Denmark have the right to contest a dismissal if they feel it was unjustified.
- Sick employees in Denmark, whose sick leave lasts for more than 120 days, can have their employment terminated with shortened notice, as long as it is reasonably justified. However, the employer is obligated to assess the employee's ability to return to work before taking any action.
