By Sara Baldus Norrbom Vinding

A bill adopted by the Danish parliament requires employers to ensure that travelling employees are PCR-tested for COVID-19 after entry into Denmark.

There are currently strict restrictions on entry to Denmark due to coronavirus. Now, after being fast-tracked through parliament, a bill has been passed to reduce the risk of travelling employees bringing COVID-19 infection with them. 

With the adopted bill, employers who employ workers travelling into Denmark to work are required to ensure that the arriving employees are tested for COVID-19 after entry. The requirement does not apply to individuals who live in Denmark, and the Minister for Employment may, after negotiation with the Minister for Health, stipulate further exceptions depending on the situation. 

It will be up to the Minister for Employment to determine which countries or regions will be covered by the testing requirement, and it is expected that there will be ongoing changes in the number of covered areas. It is therefore recommended that employers stay informed about developments on an ongoing basis. Similarly, it is the Minister for Employment who sets the deadline for when the test must be performed. As a starting point, the test performed must be a PCR test.  

Employers must be able to document in writing that arriving employees have been tested for COVID-19 and, in addition, employers must prepare a written plan for testing the arriving employees. The plan must include information on: 

  • how employees are informed about the test, including where, when and how the test is to take place; 
  • how the employer keeps up to date on which areas are covered by the testing requirement; and 
  • an overview of employees in the company who have travelled into Denmark, including from which country, and when they have been tested for COVID-19, or why they are exempt from the testing requirement. 

The Danish Working Environment Authority supervises compliance with the law, and violations can result in notices or fines. 

The adopted bill applies in addition to the pre-existing restrictions, including the requirement to present a negative test for COVID-19 in connection with entry to Denmark. 

The bill entered into force on 2 February 2021. It contains a so-called sunset clause, so the law will be repealed on 1 July 2021, unless this period is extended prior to that date. 

Simultaneously with the adoption of this bill, the Danish parliament has also passed a bill which imposes obligations on employers who make housing available to their employees, and where the housing is shared by two or more employees, in relation to the design of the housing and in relation to the preparation of a plan for the prevention of infection in relation to the dwellings. Violation of these obligations may also result in notices and fines.