Best Hiring & Firing Lawyers in Skive

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Founded in 1989
English
Advokathuset Funch & Nielsen P/S operates from Resenvej 83 in Skive and serves clients across Nordvestjylland with a wide range of legal services for private individuals, businesses and public institutions. The firm traces its roots to 1863, and the modern Advokathuset A/S was formed in 1989...
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About Hiring & Firing Law in Skive, Denmark

This guide explains the basics of hiring and firing as they apply in Skive, Denmark. Employment law in Denmark is primarily national law, but local institutions and organisations in Skive can assist with implementation and practical support. Employers and employees in Skive must follow Danish employment rules, collective agreements that apply to their sector, and municipal procedures when redundancy or public benefits are involved. If a dispute arises, parties typically seek advice from trade unions, employer organisations, the local Jobcenter, or a lawyer with Danish employment law experience.

Why You May Need a Lawyer

Employment issues can affect your income, reputation, and legal rights. People commonly seek a lawyer in the following situations: contested dismissal or alleged wrongful termination; complex redundancy or collective dismissal processes; disputes over notice period, unpaid salary, or holiday pay; alleged discrimination or whistleblowing retaliation; unclear terms in an employment contract or collective agreement; negotiating severance or termination agreements; and defending an employer against claims from current or former employees. A lawyer helps interpret applicable law and contracts, preserve evidence, meet deadlines, negotiate settlements, and represent you in courts or arbitration.

Local Laws Overview

Key legal features relevant to hiring and firing in Skive reflect Danish national law and widely used collective agreements. Important points to know are:

- Written employment terms: Employers must provide a written statement of the main employment conditions no later than one month after the employment starts. This statement should include job description, place of work, pay, working hours, probation, and notice periods.

- Notice periods: Notice periods depend on the contract, collective agreement, and whether the employee is covered by the Danish Salaried Employees Act - "funktionærloven". That Act gives specific minimum notice periods for many salaried employees. If no statutory rule applies, notice follows the contract or collective agreement.

- Probationary periods: Probation clauses are common, typically up to three months by agreement or under a collective agreement. During probation termination tends to be simpler, but the clause must be agreed and documented in writing.

- Dismissal grounds: Danish law generally allows termination of employment, but dismissals must not violate anti-discrimination rules or contractual protections. For employees covered by specific laws or agreements there may be requirements to show a valid reason for dismissal. Collective agreements and the Salaried Employees Act add protections in many workplaces.

- Collective dismissals and consultation obligations: When an employer plans multiple redundancies or large scale layoffs, consultation obligations and notification requirements to employee representatives and authorities apply under Danish rules implementing EU standards. The exact trigger numbers and procedure depend on the situation and applicable collective agreements.

- Discrimination and protected rights: Anti-discrimination laws protect employees from dismissal based on race, sex, religion, disability, age, sexual orientation, pregnancy and parental leave, trade-union activity, and other protected grounds. Whistleblower protections and rules on sick leave and rehabilitation also limit when an employer may terminate employment.

- Severance and compensation: There is no uniform statutory right to severance pay for all employees. Severance depends on contract terms, collective agreements, negotiation, or a court decision if termination is unlawful. Many disputes are resolved by settlement.

- Dispute resolution: Employment disputes may be handled through negotiation, mediation, trade union assistance, arbitration under collective agreements, or through the courts. Matters affecting collective agreements may involve the Labour Court - "Arbejdsretten".

Frequently Asked Questions

Can my employer fire me without giving a reason?

In many cases employers in Denmark may end an employment relationship by giving the required notice under the contract or applicable law. However, dismissals that violate anti-discrimination rules, contractual protections, or specific statutory protections may be unlawful. Whether a reason is required depends on the type of employee, the contract, and collective agreement coverage. If you believe the dismissal was unlawful, seek advice promptly.

How long is the notice period before termination?

Notice periods vary. The Salaried Employees Act sets minimum notice periods for many salaried employees, and collective agreements frequently set detailed rules. If neither statutory rules nor a collective agreement apply, the notice period stated in the employment contract governs. Always check your written employment terms and any applicable collective agreement.

What are my rights during a probationary period?

Probationary periods usually allow a simpler termination process, but they must be agreed in writing. Even during probation you are protected from dismissal based on protected characteristics, retaliation for lawful whistleblowing, or other illegal grounds. Probation cannot be used to circumvent basic employment protections.

What should I do if I have been dismissed unfairly?

Preserve evidence such as the contract, written communications, payslips, and any meeting notes. Contact your trade union if you are a member, or consult a lawyer experienced in Danish employment law. Time limits for claims and negotiations can apply, so act quickly. You may be able to negotiate a settlement, file a claim in court, or pursue other remedies depending on the circumstances.

Can I be dismissed while on sick leave?

Dismissal during sick leave is possible, but employers must follow rules on sick leave, rehabilitation, and reasonable accommodation. In many cases employers must consider alternatives and follow dialogue obligations. A dismissal that is solely due to illness may be unlawful if statutory rehabilitation obligations or consent requirements have not been met. Seek advice if you are dismissed while sick.

Do I get severance pay if I am laid off?

There is no automatic right to severance pay unless your contract or a collective agreement provides for it. Employers sometimes offer severance as part of negotiated settlements. If dismissal is unlawful, a court may award compensation. Trade unions often assist members in negotiating severance packages.

What must an employer provide in the written employment statement?

By law the employer must give the employee the main terms of employment in writing within one month of starting. This typically includes job title, place of work, start date, expected duration if temporary, salary and pay intervals, normal working hours, agreed notice periods, and relevant collective agreements. If information is missing, request it and keep a written record.

Are fixed-term contracts allowed and when do they become permanent?

Fixed-term contracts are used for temporary work, substitutions, traineeships and project work. Danish law does not automatically convert all fixed-term work into permanent status after a set period in the same way some other systems do, but excessive use of consecutive fixed-term contracts may raise legal or collective-agreement issues. Check the specific terms of your contract and any sectoral rules.

What happens in a collective redundancy process?

If an employer plans multiple redundancies there are consultation and notification duties under Danish rules and applicable collective agreements. The employer must inform and consult with employee representatives or trade unions, discuss measures to avoid dismissals, and provide information about selection criteria and timing. The specifics depend on the number of affected employees and the relevant agreement.

How do I find a lawyer or get free help in Skive?

You can start by contacting your trade union if you are a member, as many unions provide legal assistance. Employer associations and unions often have local contacts in the Skive area. The municipal Jobcenter can advise on unemployment benefits and practical steps after dismissal. For court proceedings or complex contract issues consult a lawyer who specialises in employment law in Denmark. If cost is a concern, ask about fee arrangements and whether free initial consultations or pro bono assistance are available.

Additional Resources

Resources that can help people in Skive include municipal and national bodies and social partners. Important names to look for are Jobcenter Skive for unemployment and reintegration help; trade unions such as Fagforeninger relevant to your sector for legal support and collective agreement information; employer organisations like Dansk Industri or Dansk Erhverv for employers; the Danish Working Environment Authority - "Arbejdstilsynet" - for health and safety questions; the Labour Court - "Arbejdsretten" - for collective agreement disputes; and the Ministry of Employment - "Beskæftigelsesministeriet" for national policy information. A local lawyer experienced in Danish employment law can explain how these resources apply to your case in Skive.

Next Steps

If you need legal assistance with hiring or firing in Skive, follow these practical steps: document everything - keep contracts, emails, meeting notes, and payslips; review your written employment terms and any applicable collective agreement; contact your trade union or employer association if you are a member; reach out to Jobcenter Skive for benefit and reintegration information if redundancy affects you; consult a specialised employment lawyer to get tailored legal advice; act promptly to meet procedural deadlines; consider negotiation or mediation before starting litigation; and avoid signing any termination agreement or release without legal review. Early advice improves the chance of a fair outcome and helps you protect your rights.

Note: This guide provides general information and does not replace personalised legal advice. Employment law is fact-sensitive and subject to change, so consult a qualified lawyer for guidance specific to your situation in Skive, Denmark.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.