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 that are common across industries in Region Zealand. Although the legal framework is national, practical aspects often involve local actors such as Jobcenter Kalundborg during restructurings and collective redundancies.

Denmark is a contract and collective agreement driven system. There is no statutory minimum wage, and many rights on pay, overtime, and procedures are found in collective agreements. Core legislation includes the Danish Salaried Employees Act, the Holiday Act, the Working Environment Act, the Equal Treatment and Anti-Discrimination rules, the Act on Employment Certificates, the Act on Employment Clauses for non-competes, data protection rules under GDPR, and the Act on Collective Redundancies.

Both employers and employees should plan ahead. Proper documentation at the hiring stage reduces disputes later, and dismissals require careful assessment of notice periods, reasons, accrued holiday, severance rights, and any consultation duties. In Kalundborg, many larger employers are party to collective agreements, which can add specific procedures and timelines on top of the law.

Why You May Need a Lawyer

You may need legal help when drafting or reviewing employment contracts, especially where collective agreements apply or where probation, bonus, commission, or variable working time is involved. For cross-border hires, immigration and tax coordination is also key.

On terminations, legal advice is often needed to assess whether the reason is sufficient, to choose the correct procedure, to calculate notice and benefits, to apply the 120-day sickness clause if relevant, and to avoid discrimination or retaliation risks. Lawyers help employers plan fair selection criteria in redundancies, meet consultation and notification duties, and negotiate settlements. Employees may need advice to challenge an unfair or discriminatory dismissal, to review severance offers, or to contest non-compete clauses.

Other common triggers include whistleblower reports, harassment complaints, long-term sickness, performance management, use of temporary or fixed-term contracts, and GDPR compliance in recruitment and reference checks.

Local Laws Overview

Employment contracts and information duties: The Act on Employment Certificates requires employers to give clear written information about key terms. After recent updates, core terms must be provided quickly after start, with full details within one month. The rules apply broadly to workers with low weekly hours, so short-hour and variable-hour staff also need written information. Contracts should address duties, place of work, pay, working time, probation, notice periods, holiday, any collective agreement, and post-termination restrictions.

Wages and collective agreements: Denmark has no statutory minimum wage. Pay, overtime premiums, shift allowances, and pension are often set by collective agreements or individual contracts. Many Kalundborg employers are covered by sector agreements that include procedures on discipline and dismissal.

Working time and rest: Average weekly working time must not exceed 48 hours over a reference period, with daily and weekly rest requirements. Overtime rules are contractual or in collective agreements. Employers must record working time sufficiently to demonstrate compliance.

Holidays: Under the Holiday Act, employees accrue 2.08 days per month and can take holiday concurrently as it accrues. Most employees have five weeks per holiday year. On termination, accrued but unused holiday is paid out or transferred to the holiday fund scheme.

Probation and notice: A probationary period of up to three months can be agreed for salaried employees, with 14 days notice during probation if stated in the contract. After probation, notice for salaried employees increases with seniority. Employer notice typically ranges from 1 to 6 months depending on length of service, and employees usually have 1 month notice. Collective agreements may set other notice rules for non-salaried staff.

Termination standards: Dismissals must be justified. After one year of service, salaried employees can claim compensation for unjustified dismissal. Summary dismissal for gross misconduct requires a serious breach and must be given without undue delay. Employees can request a written reason for termination. Public sector has special hearing rules that do not generally apply in private companies.

Severance and benefits on exit: Salaried employees may be entitled to a statutory severance allowance after long service, commonly 1 to 3 months salary depending on seniority milestones. Employers must account for pay in lieu of notice if applicable, commission and bonus earned, and holiday pay. Garden leave is common and should be addressed in the contract.

Sickness and the 120-day clause: Salaried employees are entitled to salary during sickness. If expressly agreed in the contract, an employer can use the 120-day rule to terminate with one month notice if the employee has been sick for 120 days within 12 months and is still absent when notice is given, subject to strict conditions.

Discrimination and equal treatment: Discrimination is prohibited on grounds such as gender, pregnancy and parental leave, age, disability, race or ethnic origin, religion or belief, sexual orientation, and political opinion. Harassment and retaliation are also prohibited. Burden of proof is partly reversed in some cases, for example pregnancy related dismissals.

Non-compete and non-solicitation clauses: The Act on Employment Clauses limits post-termination restrictions. They must be in writing, justified by the employee holding a special position or having access to sensitive information, time limited, and compensated. Non-competes can generally run up to 12 months with minimum compensation that increases with duration. Combined non-compete and non-solicitation clauses are typically limited to 6 months with higher compensation.

Collective redundancies: The Act on Collective Redundancies imposes consultation and notification duties when a company plans multiple dismissals within 30 days. Thresholds depend on establishment size, for example at least 10 dismissals in establishments with 20 to 99 employees, or at least 10 percent in establishments with 100 to 299 employees. Employers must consult employee representatives and notify the authorities, including the local jobcenter.

Work environment and whistleblowing: Employers must ensure a safe and healthy work environment and conduct workplace risk assessments. Companies with 50 or more employees must have internal whistleblower reporting channels and must protect whistleblowers from retaliation.

Data protection in hiring: GDPR applies to recruitment and employment data. Employers must give a privacy notice, collect only relevant data, secure it appropriately, and limit retention. Criminal record checks and reference checks require a lawful basis and, for references, candidate consent is standard practice in Denmark.

Foreign workers: Non-EU or non-EEA nationals generally need a work and residence permit through the Danish Agency for International Recruitment and Integration. Employers must verify the right to work and meet salary and job requirements of the chosen permit scheme.

Frequently Asked Questions

What must my employment contract include in Denmark?

Contracts should set out job title and duties, start date, workplace, working hours, pay and benefits, reference to any collective agreement, probation period, notice periods, holiday terms, confidentiality, and any post-termination restrictions. The employer must provide core written information shortly after start and full details within one month.

Can I use a probationary period, and how does termination work during it?

Yes. For salaried employees, a probation of up to three months can be agreed in writing. During probation, either party can terminate with 14 days notice if the contract states so. Collective agreements may regulate probation for other employee groups.

What notice periods apply when firing an employee?

For salaried employees, employer notice increases with seniority and typically ranges from 1 to 6 months, while the employee usually has 1 month notice. Shorter notice can apply during an agreed probation. For non-salaried employees under collective agreements, follow the specific notice rules in the applicable agreement.

When is a dismissal considered unfair?

A dismissal can be unfair if the reason is not objectively justified, if the employer did not follow required procedures, or if the decision is discriminatory or retaliatory. Salaried employees with at least one year of service can seek compensation for unfair dismissal. Discrimination cases can go to the Board of Equal Treatment or the courts.

How do redundancies work, and must I consult anyone?

Individual redundancies require a real business reason and fair selection. For larger reductions, the collective redundancy rules may apply. Employers must inform and consult employee representatives and notify the authorities when thresholds are met. In Kalundborg, the local jobcenter becomes part of the process for notifications and support measures.

What severance is due on termination?

Salaried employees may qualify for a statutory severance allowance after long service, separate from notice. Contractual or collectively agreed severance can also apply. All employees must receive payment for earned salary, accrued holiday, and any earned commission or bonus according to the contract or applicable agreement.

How do non-compete and non-solicitation clauses work?

They must be justified, in writing, time limited, and compensated. A non-compete for up to 12 months requires minimum compensation, which increases with duration. Combined non-compete and non-solicitation clauses are typically limited to 6 months and attract higher compensation. Clauses must explain the business justification and the employee must receive a copy.

What are the rules on sickness absence and the 120-day clause?

Salaried employees are entitled to pay during sickness. If a 120-day clause is expressly included in the contract, an employer may terminate with one month notice after 120 sick days within 12 months, but only if strict conditions are met and the employee is still sick when notice is given. Legal advice is recommended before relying on this clause.

What can employers ask or check during hiring under GDPR and anti-discrimination rules?

Employers must collect only relevant data, provide a privacy notice, and secure a lawful basis for processing. Reference checks should be done with the candidate's consent. Criminal record checks require relevance and consent. Avoid questions that relate to protected characteristics such as pregnancy, religion, or union membership unless a clear legal justification exists.

Do I have to pay for unused holiday when employment ends?

Yes. Accrued but unused holiday must be settled on termination, typically by paying the value to the statutory holiday scheme or directly in accordance with the applicable holiday arrangement. Employers should also pay any outstanding supplements required by a collective agreement.

Additional Resources

Jobcenter Kalundborg - Local authority that receives collective redundancy notifications and provides guidance on employment measures and support for affected employees.

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

Danish Working Environment Authority - Guidance and inspections regarding health and safety duties at work.

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

Board of Equal Treatment - Forum for discrimination and equal treatment complaints.

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

Trade unions in Kalundborg such as 3F, HK Privat, Dansk Metal, and DJØF - Advice and representation for employees, including contract and dismissal issues.

Employer associations such as DI Danish Industry and Dansk Erhverv - Templates, guidance, and negotiation support for member companies.

Danish Agency for International Recruitment and Integration - Work and residence permits for non-EU or non-EEA nationals.

Danish Tax Agency - Guidance on payroll withholding, tax cards, and employer reporting obligations.

Next Steps

Clarify the situation and gather documents. Collect the contract and any addenda, collective agreement references, policies, performance records, warnings, sickness records, pay and holiday balances, and any prior correspondence. Accurate facts and dates are essential to assess options.

Check which rules apply. Identify whether a collective agreement covers the employment, whether a probation period or 120-day clause applies, and whether any non-compete or bonus plan is in place. Confirm seniority and the correct notice period.

Assess legal risk. Employers should review the reason for dismissal, selection criteria for redundancies, and any discrimination or retaliation risks. Employees should evaluate if the reason is documented and whether procedures were followed.

Plan the process. For employers, prepare a clear termination letter, calculate final pay, holiday settlement, and any severance, and plan any consultation or notification required. For employees, consider requesting written reasons and seeking union or legal review before responding to offers.

Engage support early. Contact a local employment lawyer in Kalundborg or your trade union. Deadlines in employment matters can be short under some collective agreements and procedures, so do not delay.

Document and, where appropriate, negotiate. Keep detailed records of meetings and correspondence. Many disputes settle by agreement, including adjustments to notice, severance, or release terms. A lawyer can help structure a balanced settlement and protect your rights.

Follow through on compliance. Employers should update payroll, holiday reporting, and certificates of employment. Employees should register with the unemployment fund if applicable and ensure proper holiday payout and references are received.