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 Q3 2023 Global Guide Quarterly updates   Download full Q3 2023 Global Guide Quarterly

Amendments to the Act on Equal Treatment to Counteract Sexual Harassment

New Legislation Enacted

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

Amendments to the Act on Equal Treatment entered into force on July 1, 2023. An important change to the Act is that employers are now expressly obliged to counteract sexual harassment in the workplace and implement specific measures to remedy any such cases. The changes were initiated by a three-party agreement between the Danish government and labor market parties concerning initiatives to counteract sexual harassment in the workplace.

Based on the preparatory legal notes from when the changes were introduced, the amendment is meant to codify case law and emphasize the employer’s obligations. There does not appear any actual changes in practice.

Supreme Court Rules on the Scope of a Settlement Made by the Employee's Trade Union

Precedential Decision by Judiciary or Regulatory Agency

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

In a ruling of June 27, 2023, the Supreme Court found that an employee can claim age discrimination under the Danish Anti-Discrimination Act in connection with her dismissal, even though her trade union had – prior to the dismissal – entered into an agreement with the employer on her behalf that precluded her possibility to raise such claim.

The Supreme Court disregarded the settlement and emphasized that the trade union did not have the necessary authorization from the employee to enter into such an agreement on her behalf. However, the employer managed to meet the burden of proof that discrimination was not the basis for the termination.

Proposed Changes to the Danish Act on Working Time

Proposed Bill or Initiative

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

On September 14, 2023, the Danish government published a proposed bill for comments. The bill proposes changes to the Danish Act on Working Time, which transposes EC Directive (93/104), concerning certain aspects of the organization of working time.

Based on an agreement between labor market parties, the proposed changes to the Act include: (1) a possibility to conclude “opt-out” agreements concerning the rule of maximum 48 hours of work per week between the employer and certain types of employees; and (2) a duty for employers to register the daily working hours of each employee. The latter proposal is based on case law from the European Union Court of Justice.