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WORKING IN DENMARK

What you need to know if you lose your job in Denmark

It's not fun to lose your job, but Danish laws and collective agreements give you a number of rights and there are steps you can take to help insure yourself against the possibility of being out of work.

What you need to know if you lose your job in Denmark
If you lose your job in Denmark, you may have certain rights to a notice period and unemployment insurance. Photo by Kelly Sikkema on Unsplash

Denmark is currently experiencing a labour shortage and low unemployment. Many companies and sectors are calling for additional foreign labour to meet their recruitment needs, something the government appears to be willing to take steps to accommodate.

Of course, none of these things mean individual companies might not be experiencing headwinds or that the situation can change. There are various kinds of business needs that could be the catalyst for a restructuring, such as financial hardships or pending mergers. This can also mean that some employees will lose their jobs.

If you do lose your job in Denmark, you are covered by certain aspects of the law. It is also a good idea to think about taking the necessary measures — such as A-kasse membership — that can protect your from some of the financial implications of unemployment.

Notice periods 

If you are covered by the Salaried Employees Act (Funktionærloven), then you are entitled to certain notice periods before any significant change happens to the terms of your employment.

You can see in your contract whether you are a salaried employee (funktionær), but generally, the term applies to staff who have been employed for over 1 month and work more than 8 hours weekly, on average.

Sectors in which staff are considered funktionærer include business and administration, purchasing, selling, technical and cleaning services; and management and supervision. In short, people who work in offices, sales or purchasing or certain types of warehouse jobs are likely to be covered.

Areas which may not be covered include factory work or craftsmanship, nor are people hired through temp agencies (vikarbureauer) covered by the act.

The notice periods provided by the Salaried Employees Act cover things like notification of termination of employment or significant changes to your job duties. 

The amount of notice that you are entitled to is determined by how much seniority you have, as follows:

0-6 months of employment

1 month’s notice

6 months to 3 years

3 months

3 years to 6 years

4 months

6 months to 3 years

3 months

6 years to 9 years

5 months

More than 9 years

6 months

When you have worked at the company for 12 or more years, you are also entitled to additional compensation (Danish: fratrædelsesgodtgørelse) if you are let go from your job, per the Danish Salaried Employees Act.  

The compensation is 1 month’s salary after 12 years’ employment and 3 months’ salary after 17 years of employment.

It is possible that your company will also provide other additional payments due to restructuring activities. This varies from company to company and is not part of the Danish Salaried Employees Act. 

Should I join an A-kasse?

Membership of an unemployment insurance service provider, an A-kasse (arbejdsløshedskasse) is the first step to keeping your income steady while you begin the process of finding new employment. Finding a new job is a task the A-kasse itself can assist you with.

It can be difficult to figure out which A-kasse to join and while some are cheaper than others, it’s not just about paying an insurance premium. In the event that you become unemployed, it’s good to have an A-kasse that is an appropriate fit for your background, so that they can better help you with your plan to get back into the workforce.

A-kasser are private associations which have been authorised by the Danish state to administer unemployment benefits. The state regulates the requirements for receiving benefits while the A-kasse administers the benefits.

If you are interested in A-kasse membership, you must apply to the A-kasse of your choice, either as a full-time or part-time insured member. A-kasse members pay a tax-deductible monthly fee, which gives them the right to receive unemployment benefits (dagpenge) should they become unemployed.

There are a lot of rules that you’ll have to familiarise yourself with, including when you will be allowed to apply for benefits and how long you can receive them for. Members must meet certain eligibility requirements to receive unemployment benefits, which include being a member of an A-kasse for at least 12 months.

According to Denmark’s digital self-service website Borger.dk, one must also have earned at least 246,924 kroner (2022) in the past three years for full-time insured and 164,616 kroner (2022) for part-time insured. You also have to have worked for a certain period of time within the last three years, which varies depending on whether you were insured as full-time or part-time.

READ ALSO: A-kasse: Everything foreigners in Denmark need to know about unemployment insurance

What else should I keep in mind?

In general, the Danish labour market system is not primarily based on laws, as you may be used to from other countries, but on agreements and negotiations, primarily collective bargaining agreements or overenskomster between trade unions and employer associations. You may have heard of the concept ‘the Danish model’ (den danske model) referred to in this regard.

A large proportion of people who work in Denmark are therefore trade union members.

Collective bargaining agreements cover many aspects of Denmark’s labour market, from wages to paid parental leave. 

A lesser-known fact about the Danish labour model is that employees covered by collective bargaining agreements won’t have to negotiate general employment terms – regardless of whether they are trade union members.

There are large central agreements in both the public and private sectors. Therefore, employees whose contracts are regulated by a central bargaining agreement won’t individually have to negotiate general terms of employment, like working hours or a minimum salary. 

The particular collective agreement upon which your contract is based may be mentioned in your contract, and if it isn’t, you can ask your employer. 

READ ALSO: What is a Danish collective bargaining agreement?

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For members

WORK PERMITS

How have work permit rules been changed in Denmark?

After the Danish parliament last week voted to ease some work permit requirements, we take a closer look at which rules have been changed.

How have work permit rules been changed in Denmark?

Parliament to voted last week to make changes to Denmark’s immigrations rules designed to make it easier to for companies to hire internationally.

The bill, which was submitted to parliament in February by immigration minister Kaare Dybvad Bek, permanently reduces the minimum wage required under the Pay Limit Scheme (Beløbsordning), making it easier for companies to recruit skilled workers from non-EU countries.

It also opens up the country’s fast-track work permit certification scheme to companies with as few as ten employees, extends the job search period for foreign graduates of Danish universities to three years, adds more job titles to the Positive List for People with Higher Education, and extends the Start-up Denmark scheme for entrepreneurs. 

The new rules come into effect on April 1st, after which work permits can be applied for under the new rules.

Pay Limit Scheme 

The Pay Limit Scheme is an arrangement by which work permits are granted to non-EU nationals. Under the scheme, work permits can be granted to applicants who have been offered a wage above a set amount by a Danish employer.

Under the old rules that minimum wage was 448,000 kroner per year. The law change permanently reduces it to 375,000 kroner per year.

Foreign workers can now be given a work permit under the scheme on the lower wage, but it should be noted that that jobs given to non-EU citizens hired internationally are still subject to rules ensuring equivalent pay for the roles.

This means that if the role being hired for was normally paid 425,000 kroner, for example, employers will still have to pay this level, and not the 375,000 kroner minimum. 

Fast-track work permit 

The Fast-track Scheme allows certified companies to employ foreign nationals with special qualifications more quickly and easily than through the standard pathway.

If an employer and employee agree they want the new job to be started quickly, the employer can be given power of attorney to submit an application under the Fast-track Scheme on behalf the employee. It is a prerequisite that the employer is certified to use the Fast-track Scheme.

In short, this means that employers, by registering the scheme, can enable their foreign hires to be granted a temporary work permit so they can start their job immediately after arriving in Denmark, or – if the employee is not exempted from Danish visa rules – get them a permit including an entry visa within 10 days.

The new rules allow companies with as few as 10 employees to register for the scheme, a reduction from the minimum of 20 under the old rules.

Job search period for foreign graduates of Danish universities 

The outgoing rules allow students who have completed and been awarded a Danish Professional Bachelor’s (vocational), Bachelor’s, Master’s degree or PhD degree to can for an establishment card.

This is a residence and work permit that allows the graduated student to stay in Denmark for two years, the period of time the permit is valid, to enable them to apply for jobs and establish themselves on the labour market.

There are certain conditions attached to the establishment card: You must not give up your Danish address or stay abroad for longer than 6 successive months, and the permit does not allow you to work in other Schengen countries.

Under the new rules, all foreign nationals who complete degree programmes with the above classifications will automatically be given a three-year (a longer period than the two years given under the old rules) “job seeking period” in which they have the right to live and work in Denmark.

Positive List for People with Higher Education

The Positive List is a list of professions experiencing a shortage of qualified professionals in Denmark.

Danish Residence and work permits can be granted based on offers of jobs included in the Positive List. Applicants must have an educational background that makes them qualified for the job.

The Positive List is usually updated twice a year, in January and July, but the new rules open up this list to a broader range of applicants.

No information is currently available as to who will be covered by this broader scope, but the now-passed bill which implements the changes mentions that “regional labour market councils” and “specialised a-kasser” [unemployment insurance providers] can conclude there is “a national lack of qualified labour” and that job offers can thereby qualify for the positive list.

Start-up Denmark scheme for entrepreneurs

Start-up Denmark is a scheme for foreign entrepreneurs. Two-year work permits can be granted based on a business idea which must be approved by a panel of experts appointed by the Danish Business Authority. If the business is successful, the permits can be extended for three years at a time.

The scheme can be used by both individuals and teams of up to three people who want to start a business together in Denmark through a joined business plan.

There must be specific Danish business interests that favour of the establishment of the business in Denmark, and normal businesses such as restaurants or retail do not normally qualify under the existing rules.

However, like with the Positive List, the rule changes open the scheme to a broader range of applicants.

While it seems the new rules could benefit a broad target group of potential skilled foreign workers who see opportunities in Denmark, they “may be a game changer for the smaller companies hiring employees within industries with lower salary thresholds where the new hire has only a few years of experience,” Rikke Wolfsen, country manager Global Immigration practice with the Danish section of financial services company EY, told The Local in previous comments about the lower salary thresholds. 

Full details of the new rules and their relevant application pages and materials will be published on the website of the Danish Agency for International Recruitment and Integration (SIRI), the agency which processes work permit applications, on April 1st.

We will also report additional detail relating to, for example, the Positive List and job seeking period for graduates.

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