Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q4 2023 Global Guide Quarterly updates   Download full Q4 2023 Global Guide Quarterly

European Court of Justice Ruling on Overtime Pay for Part-time Employees

Precedential Decision by Judiciary or Regulatory Agency

Authors: Bo Enevold Uhrenfeldt, Partner, and Maria Nordahl Hansen, Associate – Littler | enevold

On October 19, 2023, the European Court of Justice issued a ruling precluding national legislation and collective bargaining agreements from requiring part-time employees to work the same number of hours as comparable full-time employees to receive overtime pay.

Supreme Court Ruling on Termination of Salaried Employee with Reduced Notice Due to Long-term Sick Leave

Precedential Decision by Judiciary or Regulatory Agency

Authors: Bo Enevold Uhrenfeldt, Partner, and Maria Nordahl Hansen, Associate – Littler | enevold

Employees subject to the Danish Salaried Employees Act may - upon individual agreement - be terminated with a reduced notice of one month after 120 days of paid sick leave within 12 consecutive months. On December 19, 2023, the Danish Supreme Court ruled that the termination of an employee with reduced notice following 123.17 days of paid sick leave violated the Act. In the case before the court, the employee had fully resumed work for a period of time after the 120th day of sick leave before resuming to sick leave. The Supreme Court emphasized that for the rule to apply 1) the termination must be given no later than 10 days after 120 days of paid sick leave, and 2) the employee must continuously be on sick leave at the time of termination. The termination in question was therefore not compliant with the rule, and the employee was entitled to the usual notice.

Short-Term Work Permit Exemption for Foreigners Working for Denmark-Affiliated Foreign Companies

New Regulation or Official Guidance

Authors: Bo Enevold Uhrenfeldt, Partner, and Maria Nordahl Hansen, Associate – Littler | enevold

New regulations issued on November 17, 2023, allow foreign nationals to work for Denmark-affiliated foreign companies without a work permit for two separate periods of up to 15 business days within a 180-day period. The Danish company with whom the foreign company is affiliated must have at least 50 employees and, to be exempt, the employee must have at least 14 days outside of Denmark in between the working periods.

In the following industries the exemption only applies to employees performing management work or work requiring intermediate or high-level knowledge: construction, agriculture, forestry and horticulture, cleaning, hotel and catering, and transportation of goods by road.

Proposed Act to Change to the Danish Act on Working Time 

Proposed Bill or Initiative

Authors: Bo Enevold Uhrenfeldt, Partner, and Maria Nordahl Hansen, Associate – Littler | enevold

A bill that would amend the Danish Act on Working Time to 1) allow deviation from rules on maximum weekly working hours in selected areas of the labor market and 2) require employers to register employees’ working hours is pending in Parliament. If passed, the bill would go into effect in July 2024.