At a glance: hiring employees in Denmark & More News Here

Background info on candidates

Background checks

Are there any restrictions or prohibitions towards background checks on candidates? Does it make a distinction if an employer conducts its personal checks or hires a third social gathering?

Under the EU General Data Protection Regulation (Regulation (EU) No. 2016/679) (GDPR) and the Act on Supplementary Provisions to the GDPR, employers are in some conditions restricted in their use of private knowledge. Personal knowledge contains knowledge about employees and candidates. Employers are, subsequently, solely to a sure extent allowed to hold out background checks on candidates, whether or not by themselves or via a third social gathering.

Medical examinations

Are there any restrictions or prohibitions towards requiring a medical examination as a situation of employment?

Under the Danish Health Information Act, employers are solely entitled to request well being knowledge from an applicant to find out whether or not the applicant suffers from or has suffered from a illness if this can adversely have an effect on the applicant’s capability to carry out the job in query. An employer can’t ask questions and inquire about a doable future situation or the danger of growing such a situation.

Requiring a basic medical examination is just allowed in very restricted circumstances (eg, for well being and security causes, to seek out out if the applicant can carry out the job in query). In these instances, it’s a requirement that the employer (or the employer’s organisation) has an settlement with the related commerce union on such medical examination, and that this settlement is forwarded to the Minister for Employment. If it’s not doable to conclude such an settlement, permission to require such medical examination have to be obtained from the Minister for Employment. If these formal necessities are fulfilled, the employer could also be entitled to reject an applicant who refuses to bear a medical examination.

Drug and alcohol testing

Are there any restrictions or prohibitions towards drug and alcohol testing of candidates?

Under the GDPR and the Act on Supplementary Provisions to the GDPR, details about drug and alcohol use constitutes ‘special category data’ and will, subsequently, solely be collected for respectable functions.

Asking employees to undergo a drug or alcohol take a look at (or each) is an employer’s prerogative. The assessments should, nonetheless, solely be requested for respectable and affordable grounds (eg, for well being and security causes), and the testing should have an effect on the employees as little as doable.

Employers are, subsequently, typically not prohibited from requiring a drug or alcohol take a look at (or each) as a situation of employment, but it surely relies on the job in query.

Hiring of employees

Preference and discrimination

Are there any authorized necessities to offer choice in hiring to, or to not discriminate towards, explicit individuals or teams of individuals?

There isn’t any authorized requirement to offer choice in hiring explicit individuals or teams of individuals.

Several statutes prohibit discrimination in the labour market (together with in the hiring course of) on grounds of gender, race, color, faith or perception, political opinion, sexual orientation, gender identification, gender expression or gender traits, age, incapacity, or nationwide, social or ethnic origin.

However, affirmative motion is allowed in sure (however very restricted) conditions. For occasion, employers could implement particular measures to advertise the employment of aged or disabled individuals. Employers are, nonetheless, not allowed to offer choice to an aged or disabled one that is much less certified for the job than different candidates.

Must there be a written employment contract? If sure, what important phrases are required to be evidenced in writing?

As a basic rule, employers should present their employees with a written assertion of particulars outlining the phrases of employment. Under the Danish Statement of Employment Particulars Act, the assertion of particulars (which can typically be a contract) should not less than embody:

• the identify and the tackle of the employer and the worker;
• the work tackle;
• a job description, job title or job class;
• the graduation date;
• the anticipated period of employment (if not indefinite);
• vacation and vacation pay;
• discover intervals (worker’s and employer’s);
• relevant or agreed pay;
• hours of labor; and
• specification of any collective agreements affecting the employment.

 

Also, some other materials phrases have to be talked about.

To what extent are fixed-term employment contracts permissible?

Fixed-term employment contracts are permissible in Denmark, and there aren’t any guidelines for the utmost period of such contracts, whereas renewal of fixed-term employment contracts is just allowed if the renewal is justified on goal grounds reminiscent of one other worker’s incapacity or depart.

Employers are usually not allowed to deal with non permanent or fixed-term employees much less favourably than their everlasting employees except the differential therapy relies on goal grounds and isn’t completely based mostly on the non permanent standing of the employment relationship.

Probationary interval

What is the utmost probationary interval permitted by regulation?

In Denmark, there is no such thing as a basic laws relating to probationary intervals. However, for salaried employees (white-collar employees), a probationary interval of as much as three months could also be agreed upon. This interval can’t be prolonged. During the probationary interval, the employer is entitled to terminate the employment contract by giving two weeks’ discover. The worker is entitled to terminate their employment with out discover except the events have agreed that the worker should give prior discover too (as much as the identical size because the employer, (often two weeks)). 

For handbook employees (blue-collar employees), there is no such thing as a laws on the utmost period of probationary intervals. Such provisions could, nonetheless, comply with from an relevant collective settlement.

Classification as contractor or worker

What are the first components that distinguish an unbiased contractor from an worker?

In Denmark, there is no such thing as a basic employment act masking all employees in the labour market. Therefore, there is no such thing as a basic rule distinguishing an unbiased contractor from an worker. However, a number of standards will usually be used to check whether or not the particular person in query is an worker or an unbiased contractor. The following components will usually point out that a particular person is in an employment relationship and is, subsequently, to be thought-about an worker:

• the particular person should execute agreed work;
• the employer is entitled to manage and direct the particular person’s work;
• the work is carried out in the employer’s identify;
• there are fastened hours of labor;
• vacation entitlement is accrued;
• the particular person receives an agreed wage;
• the particular person undertakes no financial danger in relation to the work; and
• there are agreed discover intervals.

 

Further, an worker will usually not be answerable for any acts or omissions dedicated or not dedicated in the course of the employment.

On the opposite hand, an unbiased contractor usually:

• doesn’t have an obligation to work;
• organises his or her personal work and dealing hours;
• performs the work on his or her personal premises;
• receives cost just for the ‘goods or services supplied’; and
• performs the work in his or her personal identify and at his or her personal danger.

 

Temporary company staffing

Is there any laws governing non permanent staffing via recruitment companies?

Temporary staffing is ruled by the Danish Temporary Agency Workers Act, which relies on Directive 2008/104/EC. The Act applies to staff employed by a temp company who’re assigned to person undertakings to work quickly beneath the person undertakings’ supervision and route.

The temp company should make sure that non permanent staff’ fundamental working and employment situations, reminiscent of pay, working hours and vacation, are not less than the identical as those who would apply had the non permanent staff been recruited straight by the person enterprise to carry out the identical job. According to case regulation, a comparability of the working situations have to be made for every working situation.

The person enterprise should inform the non permanent staff of any vacant positions in the person enterprise to offer them the identical alternative as different staff in that enterprise to seek out everlasting employment. Further, the person enterprise should give non permanent staff the identical entry to collective amenities in the office as different employees, together with the canteen and transport amenities, except any much less beneficial therapy is objectively justified, or the non permanent staff have the identical entitlements beneath a collective bargaining settlement.

A brief employee whose rights beneath the Danish Temporary Agency Workers Act are violated will be awarded compensation. Further, the temp company in query could also be fined.

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