|
Ansatte
|
Dismissal of staff is subject to compliance with a number of rules.
Warning
If an employer does not approve the performance of an employee´s work, s/he can choose to give the employee a warning in stead of an immediate dismissal or expulsion.
A warning should be in writing and the cause for dissatisfaction must be clearly stated as well as the sanction for repetition of the negligence.
The employee must verify by signature that the warning has been given to him/her.
Term of notice
Salaried employees are secured the below terms of notice:
- 1 month´s notice after 5 months´ employment
- 3 months´ notice after 2 years and
- 9 months´ employment
- 4 months´ notice after 5 years and
- 8 months´ employment
- 5 months´ notice after 8 years and
- 7 months´ employment
- 6 months´ notice hereafter
A salaried employee employed probationarily for three months is dismissible at notice of minimum 14 days. All 14 days must be within the probationary employment.
If a salaried employee has had 120 sick-days during a period of 12 consecutive months, s/he is dismissible at one month´s notice - constitutes, though, that it is part of his/her employment contract.
A dismissal must be executed in writing and it must be well-reasoned.
Blue-collar workers
The general rule is that employees not covered by the Salaried Employees Act are dismissible at a fair notice. To a short-time worker this means immediate notice.
The general rule does not, however, apply to employees better off due to a contract or a collective agreement, or if such employees have been employed for a considerable period thus having gained a term of notice similar to that of employees under a collective agreement.
Expulsion
An employee can be expelled only on serious breach of employment contract. Theft or repetitive non-acceptable absence are examples of serious breach, subject to individual judgment in each instance.
If an employer wants to invoke serious breach and expel a person it must be done immediately after the employer has become aware of the breach.
Notice to quit
In general, salaried employees are entitled to quit at one months´ notice at the end of a month.
Employees not subject to the Salaried Employees Act or a collective agreement must quit at a fair notice.
Simonsen
Another useful publication: "Ansatte" (Employees), Ansatte - alt i en bog, Forlaget Thomson, ISBN 978-87-619-1992-4
- Læs om funktionærers rettigheder
- AnsættelsesCirklen - fra stillingsannocne til anbefaling
- Forlaget Thomson
|
 |