Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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LGBTI Bill Came in Force January 1, 2022

New Legislation Enacted

Author: Tina Reissmann, Partner – Labora Legal

The Danish Parliament adopted the bill to amend the Anti-Discrimination Act, the Equal Treatment Act, etc. The bill follows up on the Government’s proposal “Freedom to be different – strengthened rights and possibilities for LGBTI people,” which has as high priority to strengthen and clarify the prohibition of discrimination against LGBTI persons and to create equal protection inside and outside the labor market.

Temporary Residence Permit and Work Permit Exemption for Ukrainian Refugees

New Legislation Enacted

Author: Tina Reissmann, Partner – Labora Legal

The Danish Parliament just passed the “Act on Temporary Residence Permit for Persons Expelled from Ukraine,” so Ukrainian refugees can get a residence permit in Denmark. Ukrainian refugees who get a residence permit under the Act will be exempted from the work permit requirement and will therefore have an opportunity to take part in the Danish society and to work in Denmark.

An Employer Was Liable and Fined for Not Preventing or Dealing with Sexual Harassment

Precedential Decision by Judiciary or Regulatory Agency

Author: Tina Reissmann, Partner – Labora Legal

An employer was held liable for not preventing or dealing with an employee’s sexual harassment of another employee (verbally, physically and by text messages) and for terminating the female employee when she, a few weeks after she found out that the "harasser" was terminated, informed the employer of the sexual harassment. The decision of the High Court is one of few rulings in Danish case law, which deals with claims related to sexual harassment. The High Court attached importance to the fact that the employer had not taken any preventive measures, such as establishing guidelines for preventing sexual harassment, and fined the employer a considerable amount in terms of Danish standards.

New Supreme Court Judgment on the Calculation of Sick Days According to the 120-Day Rule

Precedential Decision by Judiciary or Regulatory Agency

Author: Tina Reissmann, Partner – Labora Legal

The Danish Salaried Employees Act § 5.2 (funktionærloven) states in relation to a shortened notice period of one month in case of long-term illness: "However, it can be agreed by written contract in each individual case that the employer is entitled to terminate the employment by giving one month's notice to expire on the last day of a month if the salaried employee has received pay during sickness for a total of 120 days during a period of 12 consecutive months. In order for such termination to be valid, notice must be given immediately after the expiry of the 120 sick days and while the salaried employee is still sick, whereas the validity of the termination is not affected by the salaried employee having resumed work after the date of notice."

In a judgment of March 18, 2022, the Supreme Court has finally established that weekends, public holidays, and other days off work are to be included in the calculation of when an employee absent due to sickness on a full-time basis has been sick for 120 days according to the 120-day rule if the employee has been absent on a full-time basis the day immediately before and the day immediately after the days in question off work. Approximately 70 cases at the city and High Courts were awaiting this verdict, which, hopefully, ended years of debating how "to count to 120."

Tripartite Agreement on Initiatives Against Sexual Harassment

Proposed Bill or Initiative

Author: Tina Reissmann, Partner – Labora Legal

The Government and its social partners have entered into a tripartite agreement on 17 initiatives to fight or reduce sexual harassment in the workplace. The agreement will enable the employers to prevent and deal with sexual harassment and support a “mental” change in certain workplaces. The 17 initiatives are concentrated within legal framework, knowledge of and focus on sexual harassment especially towards apprentices and trainees. The initiatives, which could be implemented without amendments to the law entered into force on March 4, 2022, and the remaining initiatives will be implemented after the usual process in the Danish Parliament.