The government's legislative programme for 2021 to 2022(1) includes several bills that are expected to have an effect on most employers.
This article provides a list of the bills in the legislative programme that are especially relevant to the area of labour and employment law. Updates will be provided as the bills move through Parliament.
Earmarked parental leave
The government will introduce a bill that aims to encourage a more equal distribution of leave between men and women by earmarking parental leave with maternity and paternity benefits for each parent. The bill is presented as part of the implementation of an EU directive.
Right to care leave
The government proposes to introduce a right to five days of care leave per year per employee, while ensuring protection against dismissal in connection with the leave. The bill is presented as part of the implementation of an EU directive.
Amendment of Working Environment Act
With this bill, the government aims to ensure that the protection against dismissal that already applies to shop stewards is offered to all working environment representatives. The intention is that, in the future, this special protection will also apply in areas where there is no collective agreement with the relevant employees or a similar professional area. The draft bill also provides for the possibility of publishing the results of the working environment authorities' inspections of the workplace.
New rules on statements of employment particulars
In 2019, the EU directive on working conditions was adopted. Under these conditions, the government will introduce a bill aimed at ensuring more transparent and predictable working conditions for employees.
Compensation in connection with workplace violence
The government will present a bill aimed at facilitating access to full compensation for employees who have been exposed to violence in the workplace, with a special focus on those in caregiver roles who have been attacked by individuals in their care. The proposal is a follow-up to a parliamentary decision in which possible solution models involved different insurance schemes through which the employer could be insured.
Amendment of Financial Business Act
The purpose of this bill is to implement new initiatives on governance in financial institutions, which includes strengthening the rules on the liability of company management in relation to decisions involving conflict of interest and by regulating severance payments to directors of financial institutions.
Requirement of focus on more equal gender ratio in largest Danish companies and public institution
This bill, together with a bill amending the Gender Equality Act, aims at strengthening existing legislation to better support a more balanced gender ratio in the management and the boards of private and public institutions and companies. This will also cover public authorities, which do not have boards, and larger companies, which are defined by section 60 of the Local Government Management Act. The amendment introduces stricter requirements for target figures and policies for women. The goal for the largest Danish companies is to work towards a minimum 40:60 ratio of women to men in management roles.
Increased gender equality in voluntary military service
This bill proposes that women be covered by the same rules and conditions (eg, in relation to termination and right of withdrawal) as men who voluntarily enter into an agreement on conscription service.
Legislation concerning vulnerable workers
The government will table a bill to follow up on vulnerable foreign workers, including what obligations may be imposed on employers in this regard.
Anonymity for public employees at particular risk
This bill will make it possible, to an even wider extent than at present, to restrict access to names of at-risk public employees, such as employees in prisons and listed in documents, for the sake of their safety.
Amendment of Child Certificates Act
This bill proposes changes that will require the criminal register to inform the country's main sports organisations and other voluntary associations if a coach or volunteer in the recruitment process has a "positive" child certificate (ie, a record of sexual indecency towards children).
Strengthened protection of LGBTQI persons
The bill will include a strengthening of the prohibition on discrimination and harassment due to sexual orientation outside the labour market. Likewise, it is proposed to include an explicit prohibition of discrimination on grounds of gender identity, gender expression and gender characteristics in the Anti-Discrimination Act and the Gender Equality Act. Finally, it is proposed that the Criminal Code introduce clearer protection for transgender people and intersex people against hate crimes and hate speech.
Extension of repayment deadlines
The bill is aimed at deferring until 1 April 2022 the deadline for repayment under value-added tax loan schemes that have been established in connection with covid-19, which are due for payment between November 2021 and February 2022. In addition, the government has proposed to temporarily extend the maximum duration of payment plans for tax accounts from 12 to 24 months.
Taxation of covid-19 relief packages
This bill aims to create clarity and certainty about the deadline for tax payment for the many businesses that have received taxable support through covid-19 relief packages since 2020. The tax deadline also needs to be clarified for those who have received taxable damages and compensation as a result of the ban on keeping mink.
Amendment of Children's Act, Names Act and various other acts
This bill is intended to simplify the registration of co-maternity, the right to adopt a name that corresponds to a transgender person's gender identity and to determine the parenthood of transgender persons in relation to their legal gender.(2)
Changes to pay and working conditions for drivers
The government will present a bill that ensures the incorporation of the EU Road Package, which includes stricter requirements for companies that wish to carry out road transport, changes to the rules on pay and working conditions for drivers and regulatory control of the rules on working hours for mobile workers.
For further information on this topic please contact Yvonne Frederiksen at Norrbom Vinding by telephone (+43 35 25 3940) or email ([email protected]). The Norrbom Vinding website can be accessed at norrbomvinding.com.
Endnotes
(1) The legislative programme is available here (in Danish).