Your rights as a posted worker
If you are posted to work in Denmark, and your employer is a foreign company temporarily providing a service in Denmark, you are covered by the Danish Act on Posting of Workers.
As a posted worker you have the same right to a safe and healthy working environment as Danish citizens. Other areas covered by posted worker’s rights are: discrimination at the workplace, equal rights and equal pay for men and women and some of the regulation on working hours. Besides this, you are assured the minimum rights arising from the Danish Holiday Act, if the holiday regulations in your home country are less generous.
Definition of posting and a posted worker
A worker posted to Denmark is an employee who is usually employed in another country and is sent to Denmark by their employer to work for a limited period of time.
An enterprise is considered to have posted workers to Denmark in the following situations:
- The enterprise has sent an employee to Denmark to provide a service to an enterprise or private person in Denmark
- The enterprise, a temporary work agency, for example, has hired out an employee to a user enterprise in Denmark
- The enterprise has sent an employee to an enterprise in Denmark within the same group or which is otherwise affiliated to the posting enterprise.
One of the conditions that must be fulfilled in order for a situation to be characterised as posting is that an employment relationship exist between the worker and the posting enterprise or temporary work agency.
Another condition is that the enterprise making the posting has to be genuinely established in the country of origin, which means that the enterprise must have substantial activity in that country.
Your rights as a posted worker
According to the Act concerning the Posting of Workers that workers posted in Denmark by a foreign enterprise are covered by the following legislation:
Act on the right of employers to require employees to be tested for COVID-19 etc.The Act concerning the Posting of Workers etc. protects posted workers against victimization and ensures that posted workers can file a lawsuit in Denmark concerning his or her rights as a posted worker.
No minimum wage
Denmark does not have a statutory minimum wage. Wages are primarily fixed by collective labour agreements. It is therefore recommended that a company posting an employee in Denmark consult with the social partners in the labour market, trade unions, employer organisations etc., for information on wage and salary conditions.
Posting within agriculture – requirements for accommodation
If a posted worker carries out agricultural or domestic work while working away from home, where accommodation is part of the remuneration, the em-ployer shall ensure good, modern living conditions and that the employee has clean bed linen and towels.
The employer shall also pay for insurance of the employee’s possessions at a level corresponding to normal family insurance.
Posted workers carrying out “salaried work”
If a posted worker is carrying out salaried work, the employer shall cover any expenses for travel and stay in Denmark. This applies if the employee is sent from the normal workplace in Denmark to carry out work temporarily at a different location. “Salaried” work is understood to refer typically to work in the trade, office and sales sectors.
If an worker is posted in Denmark for a period exceeding 12 months, the em-ployer shall provide the employee with a number of further conditions and rights that apply to work in Denmark.
The employer can extend the period up to 18 months before the additional condi-tions and rights are to apply.The additional regulations which may ap-ply when an employee is deployed away from home for more than 12 or 18 months are:
The legislation ensures that part-time employees are not discriminated against in comparison to full-time employees. In addition, the Act aims to facilitate the possibility of part-time work.
Loven indeholder regler, der skal forbedre kvaliteten af tidsbegræn-sede ansættelser.
The Act lays down conditions and regulations for the employment conditions for salaried employees, e.g. for sick pay (Section 5) and the right to organise and negotiate with the employer (Section 10).
The Act ensures that the employer does not use the employee’s health information to limit the possibilities of the employee to obtain or re-tain employment.
The Act ensures the right of employees to leave from work for spe-cial family reasons, including in the event of sickness or accident.
The Act on Posting of Workers guarantees your rights
The Act concerning the Posting of Workers etc. implements the EU Posted Workers Directive. The purpose of the Directive is to ensure fair competition and to safeguard employees’ rights when they are posted to work in another member state. The Directive ensures that employees posted to another EU member state or to a member state of the European Economic Area (EEA) are assured certain working conditions in the host country.
Furthermore, the act on posting implements the Enforcement Directive. The Enforcement Directive is intended to ensure better enforcement of the rights stemming from the Posted Workers Directive, and to avoid abuse and circumvention.