Littler Global Guide – Denmark – Q1 2022 & More News Here

LGBTI Bill Came in Force January 1, 2022

New Legislation Enacted

The Danish Parliament adopted the invoice to amend the Anti-Discrimination Act, the Equal Treatment Act, and so forth. The invoice follows up on the Government’s proposal “Freedom to be different – strengthened rights and possibilities for LGBTI people,” which has as excessive precedence to strengthen and make clear the prohibition of discrimination towards LGBTI individuals and to create equal safety inside and out of doors the labor market.

Temporary Residence Permit and Work Permit Exemption for Ukrainian Refugees

New Legislation Enacted

The Danish Parliament simply handed the “Act on Temporary Residence Permit for Persons Expelled from Ukraine,” so Ukrainian refugees can get a residence allow in Denmark. Ukrainian refugees who get a residence allow beneath the Act shall be exempted from the work allow requirement and can due to this fact have a possibility to participate within the Danish society and to work in Denmark.

An Employer Was Liable and Fined for Not Preventing or Dealing with Sexual Harassment

Precedential Decision by Judiciary or Regulatory Agency

An employer was held accountable for not stopping or coping with an worker’s sexual harassment of one other worker (verbally, bodily and by textual content messages) and for terminating the feminine worker when she, just a few weeks after she came upon that the “harasser” was terminated, knowledgeable the employer of the sexual harassment. The resolution of the High Court is considered one of few rulings in Danish case legislation, which offers with claims associated to sexual harassment. The High Court connected significance to the truth that the employer had not taken any preventive measures, similar to establishing tips for stopping sexual harassment, and fined the employer a substantial quantity when it comes to Danish requirements.

New Supreme Court Judgment on the Calculation of Sick Days According to the 120-Day Rule

Precedential Decision by Judiciary or Regulatory Agency

The Danish Salaried Employees Act § 5.2 (funktionærloven) states in relation to a shortened discover interval of 1 month in case of lengthy-time period sickness: “However, it can be agreed by written contract in each individual case that the employer is entitled to terminate the employment by giving one month’s notice to expire on the last day of a month if the salaried employee has received pay during sickness for a total of 120 days during a period of 12 consecutive months. In order for such termination to be valid, notice must be given immediately after the expiry of the 120 sick days and while the salaried employee is still sick, whereas the validity of the termination is not affected by the salaried employee having resumed work after the date of notice.”

In a judgment of March 18, 2022, the Supreme Court has lastly established that weekends, public holidays, and different days off work are to be included within the calculation of when an worker absent because of illness on a full-time foundation has been sick for 120 days in line with the 120-day rule if the worker has been absent on a full-time foundation the day instantly earlier than and the day instantly after the times in query off work. Approximately 70 circumstances on the metropolis and High Courts had been awaiting this verdict, which, hopefully, ended years of debating how “to count to 120.”

Tripartite Agreement on Initiatives Against Sexual Harassment

Proposed Bill or Initiative

The Government and its social companions have entered right into a tripartite settlement on 17 initiatives to battle or scale back sexual harassment within the office. The settlement will allow the employers to forestall and cope with sexual harassment and help a “mental” change in sure workplaces. The 17 initiatives are concentrated inside authorized framework, information of and deal with sexual harassment particularly in the direction of apprentices and trainees. The initiatives, which may very well be carried out with out amendments to the legislation entered into pressure on March 4, 2022, and the remaining initiatives shall be carried out after the standard course of within the Danish Parliament.

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