Best Hiring & Firing Lawyers in Kalundborg

About Hiring & Firing Law in Kalundborg, Denmark

Hiring and firing in Kalundborg operates under Danish national employment law, supplemented by collective bargaining agreements and local workplace practices. Denmark follows a flexicurity model that combines relatively flexible hiring and dismissal rules with strong social protections, clear notice periods, and robust anti-discrimination and health-and-safety standards. In Kalundborg, where many workplaces are covered by unions and collective agreements, local procedures and employee representatives often play a central role in recruitment, onboarding, performance management, and termination.

Most employment rules apply uniformly across Denmark. What varies locally in Kalundborg is the prevalence of specific industry agreements, the presence of works councils or cooperation committees in larger companies, and the involvement of the local Jobcenter when redundancies occur. Employers must comply with national law, any applicable collective agreement, and the employee’s contract.

Why You May Need a Lawyer

Employment relationships can become complex quickly. A lawyer can help you navigate the law and your specific contract or collective agreement when you face hiring, performance, disciplinary, or termination issues.

You may need legal help if you are an employer who is drafting contracts, setting up probation periods, using fixed-term or agency workers, introducing non-compete or customer clauses, carrying out performance management or dismissals, planning redundancies, or responding to claims of discrimination, harassment, or retaliation.

You may need legal help if you are an employee who has questions about your contract and job security, is asked to sign restrictive covenants, experiences discrimination or harassment, receives a warning, is put on a performance plan, is dismissed or made redundant, is on long-term sick leave or parental leave, or believes your dismissal was unfair or discriminatory.

Legal advice is especially important where tight deadlines in collective agreements apply, where mass redundancy rules are triggered, or where sensitive data, whistleblowing, or protected characteristics are involved.

Local Laws Overview

Contracts and written terms - Denmark’s Act on Employment Certificates requires employers to provide clear written information about essential employment terms. Coverage and timing were expanded in 2023. Employees who work a minimum average number of hours must receive key terms promptly after start, with full terms within a short period. Missing or incomplete information can lead to compensation.

Salaried Employees Act - The Danish Salaried Employees Act applies to many white-collar roles. Key features include written termination, statutory notice periods that increase with seniority, employee right to request a written reason for termination, and special severance after long service. During a probation period agreed in writing, notice can be as short as 14 days. The employee’s notice is typically 1 month to the end of a month. The employer’s notice usually ranges from 1 month to 6 months to the end of a month, depending on length of service.

Collective agreements - Many blue-collar and some white-collar employees are covered by collective agreements that regulate wages, working time, overtime, holidays, probation periods, disciplinary steps, and dispute procedures. These agreements can impose short deadlines for submitting grievances, so acting quickly is essential.

Holiday and leave - The Holiday Act grants 5 weeks of paid holiday with concurrent accrual and use. Employers must plan holiday with appropriate notice and pay out accrued but unused holiday on termination via the relevant holiday account or fund. Pregnancy, parental, and adoption leave rights are protected by law, and dismissal because of pregnancy or leave is unlawful.

Non-discrimination and equal treatment - Danish law prohibits discrimination based on gender, pregnancy, parental leave, age, disability, race or ethnic origin, religion or belief, sexual orientation, and other protected characteristics. Equal pay for equal work or work of equal value applies. Harassment and retaliation for raising concerns are prohibited.

Work environment and health - The Working Environment Act requires a safe and healthy workplace, including mental well-being. Employers must assess risks, take preventive measures, and consult employees. Failures can impact the legality of disciplinary action and termination.

Data protection in hiring - Recruitment and HR processing must comply with the GDPR and the Danish Data Protection Act. Employers should collect only necessary data, obtain valid consent for background checks where required, provide privacy notices, and ensure secure handling and timely deletion.

Restrictive covenants - Non-compete and customer clauses are strictly regulated by the Employment Clauses Act. They must be in writing, limited in duration, justified by the employee’s special position, and include mandatory compensation. Combined non-compete and customer clauses are more restricted. Employers must provide a customer list for any customer clause. Overbroad or non-compliant clauses can be invalid.

Dismissal rules and unfair dismissal - For salaried employees with sufficient service, termination must be reasonably justified based on the employee or the business. Lack of reasonable grounds can result in compensation. Redundancy must be genuine, selection must be objective and non-discriminatory, and process must respect any collective agreement procedures. Garden leave is permitted, but salary and benefits must be maintained during notice.

Sickness and the 120-day rule - Employees generally cannot be dismissed solely because they fall sick. However, if an agreed 120-day clause is in the contract for a salaried employee, the employer may dismiss with short notice after 120 paid sick days within 12 months, but only while the employee is still sick and only if strict conditions are met. Misuse of this clause can lead to liability.

Collective redundancies - When a Kalundborg employer contemplates large-scale layoffs, special rules apply. Thresholds depend on establishment size. Employers must consult with employee representatives, notify the authorities, and observe standstill periods before terminations take effect. Non-compliance can lead to fines and damages.

Frequently Asked Questions

Can an employer in Kalundborg fire me without giving a reason?

Employers should provide a clear reason, and for many salaried employees with at least 1 year of service, termination must be reasonably justified. A written termination is standard for salaried employees, and the employee can request a written reason. Collective agreements can also require reasons and consultation steps.

What notice period applies if I am a salaried employee?

The employer’s notice runs to the end of a month and increases with seniority, typically from 1 month up to 6 months. The employee’s notice is typically 1 month to the end of a month. Shorter 14-day notice can apply during an agreed probation of up to 3 months. Always check your contract and any collective agreement.

Do I get severance pay when I am dismissed?

Some employees are entitled to statutory long-service severance under the Salaried Employees Act after many years with the same employer. Collective agreements may grant additional severance. Redundancy alone does not automatically create severance if no statute or agreement provides it, but accrued holiday and other earned entitlements must be settled.

What is the 120-day sickness rule?

If your salaried employee contract includes a valid 120-day clause, the employer may dismiss you with short notice after 120 paid sick days within 12 months, but only while you are still sick and if all legal conditions are satisfied. The clause does not apply to pregnancy-related absence or certain protected leave. If misapplied, you may be entitled to compensation.

Are non-compete and customer clauses enforceable in Denmark?

Yes, but they are tightly regulated. They must be in writing, limited in time, justified by a special position, and include mandatory compensation during the restricted period. Customer clauses must be tied to a defined customer list. Overbroad or non-compliant clauses are invalid in whole or in part.

How are redundancies handled in Kalundborg?

Redundancies must be genuine and selection must be objective and non-discriminatory. If a collective agreement applies, follow its process. Large-scale layoffs trigger information and consultation duties and notification to the authorities before notices are issued. Local employee representatives often participate in consultations.

What are my rights during recruitment and background checks?

Employers must comply with GDPR. Only necessary data should be collected, and some checks require your consent. You should receive information about data processing. Questions must be relevant to the job, and discriminatory questions are not allowed.

Can I be dismissed during pregnancy or parental leave?

Dismissal because of pregnancy or parental leave is unlawful. If you are dismissed while pregnant or on leave, the employer must prove that the reason is unrelated. Special rules also protect employees on adoption leave and related family leave.

What happens to my holiday when I leave?

Accrued but unused holiday is paid to the statutory holiday account or fund upon termination. You will be able to access the funds according to applicable rules. Any outstanding overtime, bonuses earned, and expenses must also be settled per your contract and agreement.

Where are disputes heard and how fast must I act?

If you are covered by a collective agreement, disputes often go to industrial arbitration with short internal deadlines. Other claims can go to ordinary courts or to specialized boards for discrimination and equal treatment. Because deadlines can be very short under some agreements, seek advice and lodge objections promptly in writing.

Additional Resources

Jobcenter Kalundborg - Local employment service that assists with redundancies, outplacement, and recruitment support.

Danish Agency for Labour Market and Recruitment - National authority involved in collective redundancy notifications and labor market initiatives.

Danish Working Environment Authority - Supervises workplace health and safety, including the psychological work environment.

Danish Data Protection Agency - Guidance on GDPR compliance in HR and recruitment.

Board of Equal Treatment - Handles discrimination and equal treatment complaints, including gender and pregnancy cases.

Danish Labour Court and industrial arbitration bodies - Handle disputes under collective agreements between unions and employer associations.

Relevant trade unions and employer associations in Kalundborg - Provide advice, representation, and templates that supplement legal rules.

Next Steps

Clarify your situation - Gather your employment contract, any addendums, staff handbook, relevant collective agreement, job posting, emails, warnings, performance reviews, and any notes or recordings of meetings.

Check deadlines - Collective agreements can impose very short timelines to object to a warning or dismissal. If in doubt, send a prompt written objection to preserve your rights and seek legal help immediately.

Seek tailored advice - A local employment lawyer or your union can assess your position, the applicable agreement, and the best strategy. For employers, legal review can prevent costly errors in notices, selection criteria, and documentation.

Communicate carefully - Keep interactions professional and in writing where possible. For employers, provide clear reasons, respect notice periods, and align all actions with contracts and agreements. For employees, ask for the written reason for dismissal if applicable and confirm receipt and any objections in writing.

Consider settlement and mitigation - Many Danish employment disputes resolve through negotiation. Explore garden leave, release from work during notice, mutual separation, or outplacement support, while protecting statutory and contractual rights.

Engage local support - In Kalundborg, involve the Jobcenter early when planning redundancies, and consult employee representatives where required. Unions and employer associations can provide practical guidance specific to local sectors.

This guide provides general information only. Always obtain advice tailored to your contract, collective agreement, and facts before making decisions.