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Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.
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Amendment to Act on Working Hours Introduces New Elements
New Legislation Enacted
Authors: Bo Enevold Uhrenfeldt, Partner, and Maria Nordahl Hansen, Associate – Littler | enevold
On January 23, 2024, a bill amending the Danish Act on Working Hours was adopted by the Danish Parliament. It will go into effect on July 1, 2024.
The Amendment contains two elements. First, the Act introduces a right to deviate from the rules on maximum weekly working hours in selected areas of the labor market. Consequently, it will be possible for an employee and an employer to agree, subject to certain conditions, on a weekly working time that exceeds 48 hours on average per week (the so-called opt out). Second, the Act introduces a requirement that employers register employees’ daily working hours. The Act states that the time recording system must be objective, reliable, and accessible but does not specify how employers must register the employees’ daily working hours, and thus, employers are free to choose a time-recording method that meets these criteria.
Greater Maternity/Paternity Benefits for Parents of Twins, Effective May 1, 2024
New Legislation Enacted
Authors: Bo Enevold Uhrenfeldt, Partner, and Maria Nordahl Hansen, Associate – Littler | enevold
On March 19, 2024, a law was enacted providing each parent an additional 13 weeks of maternity/paternity benefits after the birth or adoption of twins. The new law, which goes into effect on May 1, 2024, defines parent to include legal parents, social parents, and close family members. The leave must be taken within the first year of the children’s birth or adoption. The law also modifies the system to regulate the allocation of extra weeks of maternity/paternity benefits when only one parent is socially secured in Denmark.
Law Abolishing Great Prayer Day as a Public Holiday
New Legislation Enacted
Authors: Bo Enevold Uhrenfeldt, Partner, and Maria Nordahl Hansen, Associate – Littler | enevold
An Act abolishing the Great Prayer Day (the fourth Friday after Easter) as a public holiday went into effect on January 1, 2024. Employees receiving a fixed monthly salary will be compensated for this additional working day at the rate of 0.45 % of the employee’s annual salary as of January 1, 2024, including the employee’s base salary, any employer contribution to the employee’s pension plan, and any fixed supplements or allowances. The additional compensation may be paid twice a year with the May and August salaries, or monthly with the employee’s regular monthly salary.
Supreme Court Rules Equal Treatment Act Applies to Material Changes in Employment
Precedential Decision by Judiciary or Regulatory Agency
Authors: Bo Enevold Uhrenfeldt, Partner, and Maria Nordahl Hansen, Associate – Littler | enevold
On January 18, 2024, the Danish Supreme Court ruled that the Danish Equal Treatment Act not only relates to dismissals, but also covers material changes in employment.
The case involved an employer’s change in maternity rights after an employee informed the employer of her pregnancy. The employee continued in her position at the company and filed a claim for compensation under the Danish Equal Treatment Act. The Supreme Court ruled that the company’s maternity policy change was a material change in employment and the company failed to prove that the change had not been motivated by the employee’s pregnancy. Accordingly, the Supreme Court awarded the employee DKK 50,000.00 in compensation.
