Prøvetid: The probation period rules new employees in Denmark need to know
New Year, new job? Many people in Denmark begin work for a new employer at the beginning of the year - what exactly are the rules for the probation period and in which cases do they not apply?
For many people in Denmark, January marks not only the time for a new gym membership or push to eat vegan, but also a clean slate with a new employer.
As with in many other countries, the rookie employee must first make it through the prøvetid before they’re entitled to the full benefits and legal protections of an ansættelseskontrakt, or employment contract.
Who is covered?
Under Denmark’s funktionærloven or Salaried Employee Act, employers have the right to hire staff on the basis of a satisfactory probationary period, prøvetid in Danish.
It should be noted that these laws apply to people classed as funktionærer. This type of job description encompasses office-based work, sales, purchasing, providing technical or clinical assistance services and certain types of warehouse jobs.
You must work at least eight hours per week and under the direction of a supervisor to be covered by the law.
Even if you are not a funktionær in terms of your job duties, you can be employed under equivalent conditions so that your employment is regulated by this law. Your employment contract should set out which conditions of the funktionærloven apply to you – this could include the probationary period.
What are the rules?
You and your employer can agree on a probationary period as part of your employment. During this period, your notice period for termination is shorter than under regular employment.
The probationary period can last up to three months. During this time, it’s common for the notice period to be reduced to 14 days, meaning either you or your employer can give notice to end the employment after 14 days from submitting the notice.
Other contracts might allow the employee to leave with immediate effect during the probationary period, while the employer must give 14 days’ notice.
This reduced notice period must end within the three-month probationary term. In other words, it can’t be exercised if, for example, only seven days remain of the probationary employment.
Any agreement on a probationary period must be set out by your employment contract.
After the probationary period, the notice period on the employer side depends on how long the employee has been working at the company or organisation. A sliding scale applies as follows: one month's notice (0-6 months of employment); 3 months’ notice (6 months to 3 years’ employment); 4 months’ notice (3-6 years’ employment); 5 months’ notice (6-9 years employment); 6 months' notice (more than 9 years of employment).
The employee can generally resign by giving one month's notice to the first of that month to your employer.
READ ALSO: What you should know if you want to quit your job in Denmark
What else do I need to know?
If you decide the new job isn’t for you and quit during the probationary period, rules relating to selvforskyldt ledighed, literally meaning “self-inflicted unemployment”, apply for claiming unemployment benefits from your A-kasse insurance provider. This can mean you may have to wait a month before the insurance kicks in, leaving you without an income for that month.
You should contact your A-kasse to check your situation if you are thinking of resigning during a probationary period.
READ ALSO: A-kasse: Everything foreigners in Denmark need to know about unemployment insurance
You might be offered meetings or interviews with your employer or supervisor during the probationary period to see how things are going. If not, it’s a good idea to request one. This way, any problems can be highlighted end resolved before the three months are up, maximising your chances of passing the probation.
You can also speak to your trade union (if you have one) for advice during this period.
READ ALSO: Everything foreigners in Denmark need to know about Danish trade unions
If you are hired under a public sector collective bargaining agreement, you are entitled to an interview if you are let go before the end of the probationary period. Your employer must continue to pay you until this meeting, a partshøring in Danish, has been held.
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For many people in Denmark, January marks not only the time for a new gym membership or push to eat vegan, but also a clean slate with a new employer.
As with in many other countries, the rookie employee must first make it through the prøvetid before they’re entitled to the full benefits and legal protections of an ansættelseskontrakt, or employment contract.
Who is covered?
Under Denmark’s funktionærloven or Salaried Employee Act, employers have the right to hire staff on the basis of a satisfactory probationary period, prøvetid in Danish.
It should be noted that these laws apply to people classed as funktionærer. This type of job description encompasses office-based work, sales, purchasing, providing technical or clinical assistance services and certain types of warehouse jobs.
You must work at least eight hours per week and under the direction of a supervisor to be covered by the law.
Even if you are not a funktionær in terms of your job duties, you can be employed under equivalent conditions so that your employment is regulated by this law. Your employment contract should set out which conditions of the funktionærloven apply to you – this could include the probationary period.
What are the rules?
You and your employer can agree on a probationary period as part of your employment. During this period, your notice period for termination is shorter than under regular employment.
The probationary period can last up to three months. During this time, it’s common for the notice period to be reduced to 14 days, meaning either you or your employer can give notice to end the employment after 14 days from submitting the notice.
Other contracts might allow the employee to leave with immediate effect during the probationary period, while the employer must give 14 days’ notice.
This reduced notice period must end within the three-month probationary term. In other words, it can’t be exercised if, for example, only seven days remain of the probationary employment.
Any agreement on a probationary period must be set out by your employment contract.
After the probationary period, the notice period on the employer side depends on how long the employee has been working at the company or organisation. A sliding scale applies as follows: one month's notice (0-6 months of employment); 3 months’ notice (6 months to 3 years’ employment); 4 months’ notice (3-6 years’ employment); 5 months’ notice (6-9 years employment); 6 months' notice (more than 9 years of employment).
The employee can generally resign by giving one month's notice to the first of that month to your employer.
READ ALSO: What you should know if you want to quit your job in Denmark
What else do I need to know?
If you decide the new job isn’t for you and quit during the probationary period, rules relating to selvforskyldt ledighed, literally meaning “self-inflicted unemployment”, apply for claiming unemployment benefits from your A-kasse insurance provider. This can mean you may have to wait a month before the insurance kicks in, leaving you without an income for that month.
You should contact your A-kasse to check your situation if you are thinking of resigning during a probationary period.
READ ALSO: A-kasse: Everything foreigners in Denmark need to know about unemployment insurance
You might be offered meetings or interviews with your employer or supervisor during the probationary period to see how things are going. If not, it’s a good idea to request one. This way, any problems can be highlighted end resolved before the three months are up, maximising your chances of passing the probation.
You can also speak to your trade union (if you have one) for advice during this period.
READ ALSO: Everything foreigners in Denmark need to know about Danish trade unions
If you are hired under a public sector collective bargaining agreement, you are entitled to an interview if you are let go before the end of the probationary period. Your employer must continue to pay you until this meeting, a partshøring in Danish, has been held.
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