Denmark: Useful information - key future employment law developments

Original and updating author: Lise Lauridsen, Bech-Bruun

A brief summary of significant developments that will impact on employment law in Denmark.

Development Key practical implications Status Expected date

Preparations for a no-deal Brexit.

British citizens and their families resident in Denmark on the date of the UK leaving the EU will be able to work and reside in Denmark on the same conditions as before Brexit as long as they meet the conditions for the right to residence.

For more information see How does Brexit affect you? and Denmark: providing services and travelling for business after Brexit (GOV.UK website).

The Act implementing the right has been passed. Section 32 of the Act states that the Minister of Foreign Affairs and Integration will decide when the Act enters into force.

The law will come into effect on the date that the UK leaves the EU if no binding withdrawal agreement is in place on that date.

The EU has agreed to the UK's request to extend the end date for the UK's withdrawal from the EU to 31 January 2020. The Brexit date may be 31 January 2020, or earlier if the UK Parliament enacts the European Union (Withdrawal Agreement) Bill before that date.

A new right to "concurrent holiday".

Employees will be able to take holiday in the same year as the year in which the holiday entitlement accrued. This means that employees will no longer need to work for one calendar year before the beginning of the holiday year to be eligible to take their paid statutory holiday entitlement. Transitional measures apply leading up to the implementation date of 1 September 2020, to deal with "double holiday" accruing to employees in one year.

The Holiday Act was adopted on 25 January 2018. The current Holiday Act will be repealed.

The new law will come into effect on 1 September 2020.