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Gør virksomheden lovlig
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Hiring staff to your business is subject to compliance with a number of rules and regulations. Originally rights, which the employees’ unions have struggled for over the years, and which are now incorporated into Danish employment law.
The fundamental rules which an employer must comply with concerning employment of staff:
Employment Contract
When employing staff (blue or white collar) for more than 1 month with an average working week exceeding 8 hours, the parties must, pursuant to Danish Act on Employers Obligation to Inform Employees on the Conditions of Employment, make an employment contract or an alternative documentation in writing specifying nature of work, hours of work, wage, holiday, and place of work.
Insurance
Danish Act on Insurance Against Permanent Occupational Injury lays down that any person employing external manpower – paid or non-paid – for more than 20 hours per year, must insure this manpower against permanent occupational injury.
This requirement is met partly by taking out insurance against consequences of injuries and hazards, partly by joining Arbejdsmarkedets Erhvervssygdomssikring insuring against consequences of sudden lifting injuries and occupational diseases.
Salaried Employees Act
When employing staff it should immediately be verified if the employee is subject to the Danish Salaried Employees Act. This is of great importance as it sets forth a series of agreements between employers and employees such as sickness and dismissal.
Typical types of salaried employees:
- Clerks and office staff within selling and purchasing, office work and equal warehouse clerical work
- Persons dealing with technical or clinical consultancy services of a non-artisan or manufacturing nature
- Persons whose work mainly consists of the above types
- Persons managing or supervising workers on behalf of their employer.
Even though a person not subject to the Danish Salaried Employees Act is hired this person may be employed at similar terms.
Non-salaried employees are typically paid by the hour and other rules apply to them.
Holidays with Pay Act
According to the Danish Holidays with Pay Act all employees are entitled to paid holiday. An employee earns 2.08 holidays for each month of full employment. This accumulates to 5 weeks’ annual holiday (25 days).
The earning year runs parallel to the calendar year. The holiday must be taken in the year running from 1 May to 30 April (the holiday year) following the earning year.
Dismissal
A dismissal must be in writing and must be of a factual and fair nature.
The key stone of Danish employment law is that any employee not subject to the Danish Salaried Employees Act is dismissible at a fair notice. To temporary employees this means with immediate effect.
However, this does not apply if the employee is better off by contract or collective agreement or because the employee has been employed over a considerable period period thus having gained a term of notice similar to that of employees under a collective agreement.
Employer’s Administrative Tasks
A company employing staff must be registered as employer at SKAT.
Each month the employer must draw social security contribution (AM-bidrag)and tax from the salaries etc. paid to employees and pay these amounts to SKAT.
SKAT must also know which civil registration numbers salaries have been paid to.
Once a year an information sheet on each employee must be returned to SKAT stating total amount of tax drawn, etc.
Most business owners use specialised companies to handle the complex administration of wage. Read more on the page "Wage Systems"
- Se funktionærloven
- Se guideline til ansættelseskontrakt
- Læs om Lønsystemer / Wages Systems
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