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.
What is a posted worker? And what is posting?
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 on Posting of Workers that employees posted in Denmark by a foreign enterprise are covered by the following legislation:
The Working Environment Act,
The Offshore Safety Act
The Act on Aviation (in Danish)
The Equal Treatment Act
The Equal Pay Act (in Danish)
The Act on Prohibition against Discrimination on the Labour Market etc. (in Danish)
Paragraph 7 of the Salaried Employees Act (in Danish)
The Act on Implementation of Parts of the Working Time Directive (in Danish)
The Act on the legal rights of temporary agency workers upon assignment by a temporary-work agency, etc.
Certain rules regarding holidays (in Danish)
The Act on Posting of Workers 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.
The Act on Posting of Workers guarantees your rights
The Act on Posting of Workers 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.
Read about working conditions in Denmark, RUT, health and safety requirements and tax rules.