Littler Global Guide - Denmark - Q2 2022

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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Looking for Another Job Without Being Summarily Dismissed

Precedential Decision by Judiciary or Regulatory Agency

Author: Tina Reissmann, Partner – Labora Legal

The employer (an insurance company) could not summarily dismiss an employee without notice due to a LinkedIn post where he wrote that he was seeking new job challenges and opportunities. The employer could however terminate the employee with his ordinary notice period without risking paying any compensation for unreasonable termination even if the name of the insurance company - or any negative comments - were not mentioned in the post.

No (Additional) Compensation for an Employee Invention

Precedential Decision by Judiciary or Regulatory Agency

Author: Tina Reissmann, Partner – Labora Legal

The Danish Maritime and Commercial High Court has established that an employee was not entitled to additional compensation for an invention. The inventor was, however, not obligated to assign prototypes and drawings to the employer. Under Danish law, employee inventors are entitled to reasonable compensation if the employer requires the assignment of an invention, and the value of the invention exceeds what the employee, given the terms of employment, may reasonably be expected to produce.

When determining the size of the compensation, Danish law stipulates that the following factors should be considered: (i) the value of the invention, (ii) the significance of the invention for the employer, (iii) the employee's terms of employment, and (iv) the significance of the employee's services for the invention. The employee had assigned the invention to the employer for a compensation of EUR 7,000, but with the specific clause in the assignment agreement that this amount could be subsequently challenged at the courts, which the employee then did, claiming he was entitled to a compensation of EUR 240,000. However, the court found that the initial amount of (only) EUR 7,000 was enough.

New Rules on Remote Work

New Regulation or Official Guidance

Author: Tina Reissmann, Partner – Labora Legal

The new working environment rules on the layout of the home workplace recently entered into force. The rules have been modified for employers since the requirements for the layout of the home workplace for screen work now only apply when employees regularly work at home more than two days a week on average. In such a case the employer must ensure that the employee has a table and a chair that enable appropriate working positions, and that there is correct lighting and an adjustable screen separate from the keyboard.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.