guide to hiring danish employees
b. Free phone It is common to provide high level personnel with free mobile phones. Stationary telephones at the residence are usually only given to managing personnel or personnel with a specific need for such phones. A free phone is subject to taxation, however, private expenses related to other phones in the household can be deducted in the taxable value of the free phone. c. Free computer Today it is common to provide employees with a free computer at the residence. This may either be a laptop computer to be used both at work and at home or a stationary computer to be placed at home. A free computer may be subject to taxation. Free access to the employer’s network will imply no taxation. d. Residence/free household Residence is usually only provided to foreign staff, i.e. persons who do not already have a residence in Denmark. Usually the employer rents a house or an apartment with all facilities to the employee. Free residence is subject to taxation. Often the taxable values are very beneficial for the employee. e. Free newspaper A free newspaper is usually only given to managing personnel or personnel who must keep informed as part of their job. A free newspaper may be subject to taxation, unless delivered at the employer’s address. Share options
Share option programmes usually fall into two groups: • Individual share options given to managing personnel (shares, warrants, bonds). Such schemes generally imply certain attractive tax benefits • The general share option arrangement given to all employees and subject to attractive taxation on certain conditions
Whether your company considers to relocate, consolidate, set up new production facilities, is on the lookout for new innovation partners or other strategic business solutions in Europe, Invest in Denmark is a good place to begin. We provide customised information and services free of charge and in full confidentiality.
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Facts... August 2008
g u i d e to h i r i n g da n i s h e m p loye e s Denmark offers the foreign investor a well-organised labour market with good cooperation between the different parties. In a benchmark study of employment law in 8 EU countries, Denmark comes out as number 1 with respect to flexibility. The Danish flexicurity model has proven its strength. Add to this the facts that a Danish employer pays virtually no social security contribution and that Denmark has a stable labour market, and you have a very competitive workforce in comparison with other European countries. Below, you will find information about the most relevant issues when hiring personnel in Denmark. The three main personnel groups are presented along with the elements included in a typical Danish remuneration package.
Denmark offers...
• The most flexible hiring/firing rules among 8 EU countries • Well-organised labour market with good co-operation between the different parties • Low frequency of strikes and other labour conflicts • Competitive overall level of labour costs • Virtually no social security contributions required from employers • Competitive salaries for employees with higher education and management in general • Publicly funded social security in connection with unemployment, maternity leave and sickness
According to a recently updated benchmark study from 2006, Denmark still offers the highest flexibility on essential employment law issues for salaried employees compared with 7 other European target countries. A scale down process could be implemented most smoothly in Denmark compared to the other target countries. Denmark was benchmarked against Sweden, Norway, France, Ireland, Germany, the Netherlands and the United Kingdom. • Compared to other European countries the Danish rules for termination of employment contracts are very liberal. This makes it easier for an individual business to adjust the size of its workforce in Denmark, compared to Sweden, United Kingdom, Germany and the Netherlands. • In Denmark the employer can freely choose whom to dismiss as long as the termination is justified. In other target countries such as Sweden, the employer is bound by the last in – first out principle and other similar restrictions.
Made in cooperation with
guide to hiring danish employees
• The employers in Denmark have no duty to negotiate with unions except in cases of mass dismissals unless a collective bargaining aggrement has been made. Even in cases of mass dismissal, the result of such negotiations does not affect the employer’s right to dismiss the employees. • A Danish employer has no obligations to reemploy previous employees. Redundancy payments are not payable in Denmark until after minimum 12 years of employment. Denmark has the highest labour market flexibility in Europe 70
Score
60 50 40
Source: Benchmark study
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in Denmark, April 2003
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and 2006 DK
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Remuneration packages
When employing a person in Denmark, it is recommended to consider the nature of remuneration packages generally offered to Danish employees, details of which are given below. Monetary Usually the employment contract states a monthly or yearly remuneration, the payment terms and yearly renegotiation of salary. Generally Danish employees are offered a fixed monetary remuneration. In addition, some will receive a variable monetary remuneration such as bonus, commission and gratuity. Whereas bonus is often seen for sales personnel or managing personnel, commission is often seen for sales personnel. Gratuity is often given to all employees. Various stock option schemes are often used. Pension
The Danish Labour Market Supplementary Pension Scheme (ATP) and minor statutory contributions totalling approx. DKK 5,000 per year are mandatory and paid automatically by the employer. Even though the Danish State provides all retired persons with retirement payment, it is today very common that the employee has a supplementary pension arrangement. Often the employer will pay for example 6% of the salary as a pension contribution and the employee will pay for example 2 or 3% of the salary as a contribution to the pension scheme. Many collective agreements provide employees with mandatory pension arrangements. Members of the board chosen by the employees When a company has had 35 employees or more, during 3 years in average, the employees are entitled to choose minimum 2 employee representatives to the board of the company.
guide to hiring danish employees
General Managers
Salaried Employees
Non-salaried employees
Regulation
In principle, none
The act on salaried employees The holiday with pay Act Collective Agreements
The Holiday with Pay Act or collective agreements
Entering into a contract
Free to be negotiated
Limitation as to terms and conditions
Limitation as to terms and conditions
The Act on Employment Contracts
The Act on Employment Contracts
Probationary period when employing new employees
Free to be negotiated
Working Hours
Free to be negotiated
Max 48 hours per week Usually 37 hours per week 11 hours of resting time before new working day
Non-competition and non-solicitation clauses
Free to be negotiated
Compensations of no less than 50% of the salary per month must be paid
Payment during sickness
To be negotiated
Full salary from the employer (partly compensated by the Danish state)
Varies according to Collective Agreements (partly compensated by the Danish state)
Maternity Leave
4 weeks prior to birth and 46 weeks after (possibility to extend). Payment to be negotiated. The employer is obliged to pay an annual amount of DKK 9001,000 per full-time employee to a decentralised maternity scheme managed by the Danish State. If the employer pays the employee salary during the maternity leave, the employer will receive compensation from the Danish State. . Free to be negotiated Often according to the holiday with pay act
4 weeks prior to birth and 46 weeks after (possibility to extend). The employer is obliged to pay 50% of the salary 4 weeks prior to birth and 14 weeks after (compensation from the Danish State for 46 weeks after birth). Salary may also depend on collective bargaining agreements and individual agreements. The employer is obliged to pay an annual amount of DKK 900-1,000 per full-time employee to a decentralised maternity scheme managed by the Danish State.
4 weeks prior to birth and 46 weeks after (possibility to extend). Salary depends on collective and individual agreements
25 days during a holiday year (1 May – 30 April) Often 5 additional holidays are agreed upon
25 days during a holiday year (1 May – 30 April) Often 5 additional holidays are agreed collectively
Termination
Free to be negotiated Often 3/6 or 6/12 months notice (employee/employer)
Employment period 0 – 6 months 6 months – 3 years 3 – 6 years 6 – 9 years over 9 years
Employees Inventions
Free to be negotiated
The employee has the right to own inventions, unless otherwise agreed or if the invention falls within the scope of the
Holiday
Limitations vary
Termination, Employer’s Notice 1 month 3 months 4 months 5 months 6 months
Max 48 hours per week Usually 37 hours per week 11 hours of resting time before new working day Usually not relevant
Varies from one area of work to another – collective agreements As a guideline 8 days to 3-4 months
The employee has the right to own inventions unless otherwise agreed
Similarly, when a group of companies - consisting of a parent company and one or more Danish subsidiaries - has had 35 employees or more, during 3 years in average, the employees in the Danish subsidiary are entitled to choose minimum 3 employee representatives to the board of the parent company. Fringe benefits a. Free car A free car is usually given to the managing personnel or persons who, as part of their job, need to travel a lot by car. A free car may be either a cash payment to the employee covering the use of his or her own car in connection with work travel, or the employer may provide the employee with a car. Private use of the car is subject to taxation.