No Special Protection from Dismissal for Work Environment Representatives

Precedential Decision by Judiciary or Regulatory Agency

Author: Tina Reissmann, Partner — Labora Legal

In November 2017, the Danish Supreme Court unanimously settled that a work environment representative does not have special protection from dismissal (like a union representative would) if the work environment representative is not or could not have been covered by a collective agreement. Although the same rules typically apply to work environment representatives and union representatives, in this case, because there was no collective agreement that covered the work environment representative’s job description, the extra protection from dismissal did not apply.

Non-Diagnosed Disorder Can Be a Handicap

Precedential Decision by Judiciary or Regulatory Agency

Author: Tina Reissmann, Partner — Labora Legal

In November 2017, the Danish Supreme Court held that a disorder may be deemed a handicap under the equal treatment law, even if it has not yet been diagnosed by a doctor at the moment of dismissal. Here, an employee took sick leave after having brain surgery. Within the first year after the surgery, she was able to work only up to half time (18 hours per week). About a year after the surgery, the doctors stated that there were no indicators on when the employee would be able to return to a full-time schedule again. After this, she was dismissed. Finding that the employer should have known that the employee was handicapped, even though she had not yet been diagnosed, the Supreme Court awarded her with 12 months of full salary in compensation.

Fifth Guidance on GDPR Distinguishes Data Controller and Data Processor Roles

New Regulation or Official Guidance

Author: Tina Reissmann, Partner — Labora Legal

In the beginning of November 2017, the Danish Data Protection Agency and the Danish Ministry of Justice published their fifth guidance to the EU General Data Protection Regulation (GDPR). This guidance focuses on understanding the role of the data controller and the data processor, to distinguish the differences. As the data controller is primarily subject to the obligations and responsibilities under the GDPR, it is crucial to understand if an organization, whether public or private, is deemed a data controller or data processor relative to a specific processing of personal data. The guidance is only in Danish.                 

Proposed New Holiday Act and Other Employment Initiatives

Proposed Bill or Initiative

Author: Tina Reissmann, Partner — Labora Legal

The Danish Ministry of Employment has submitted a proposal for a new revised holiday act. The new act includes that employees will be entitled to holiday pay during their first year of employment. The Danish parliament will vote on the act during 2018. The act is predicted to come into action September 1, 2020. Also, the Danish government published the legislative program for 2018 with the acts up for revision within labor and employment law. This includes a revision of: (i) a new holiday act; (ii) change of the rules of environment certificates; (iii) change in employer’s access to documents in sick-leave benefits cases; and (iv) Danish working environment authorities’ access to conversation with employers. An update on the actual legislation will arrive throughout 2018.

Proposed New Holiday Act Under Review

Proposed Bill or Initiative

Author: Tina Reissmann, Partner — Labora Legal

The Danish Ministry of Employment has submitted a proposal for a new revised holiday act. The new act includes that employees will be entitled to holiday pay during their first year of employment. The Danish parliament will vote on the act during 2018. The act is predicted to come into action September 1, 2020.