Best Hiring & Firing Lawyers in Tommerup

About Hiring & Firing Law in Tommerup, Denmark

Tommerup is a town in Assens Municipality in the Region of Southern Denmark. Employment law in Tommerup is governed by Danish national law, collective agreements, and any individual employment contracts. Key themes in Danish hiring and firing practice include written employment terms, notice periods, protections for certain groups of employees, and substantial involvement from trade unions and jobcenters in disputes and redundancies. Local actors such as Jobcenter Assens, trade unions with local representatives, and the district court in Odense are the practical contacts for people in Tommerup.

Why You May Need a Lawyer

Employment situations can be emotionally charged and legally complex. A lawyer can help when you face:

- A dismissal you believe is unlawful or discriminatory.

- Disputes over notice periods, final pay, unpaid holiday pay, or severance clauses.

- Redundancy processes that you think did not follow statutory or contractual rules.

- Conflicts during a probationary period, or uncertainty about termination rights under the Salaried Employees Act - Funktionærloven.

- Collective disputes involving a workplace agreement or mass layoffs where consultation obligations may not have been met.

- Need to negotiate a settlement agreement, resignation package, or non-compete clause.

- Preparing or reviewing employment contracts when hiring key staff and you want to limit future risk.

Local Laws Overview

The main points to understand for hiring and firing in Tommerup are:

- Written employment terms: Danish law requires certain basic information to be provided in writing. Many employers go further and issue detailed contracts. Verify your contract for probation clauses, notice periods, salary, duties, and non-compete clauses.

- Salaried Employees Act - Funktionærloven: This national law applies to employees who meet the definition of salaried employee. It provides minimum notice periods, rules on termination, and some protections that do not apply to all workers. Check whether you fall under this act.

- Notice periods: Notice periods depend on the employment contract, collective agreement, and possibly Funktionærloven. Minimum statutory notice periods can apply, but contractual or collective-agreement provisions often change the specifics.

- Probationary periods: Probationary periods are commonly used to allow easier termination early in employment. Probation rules must still respect anti-discrimination and minimum procedural fairness.

- Anti-discrimination and special protections: Dismissal based on gender, religion, political opinions, pregnancy, parental leave, trade-union activity, or other protected characteristics is unlawful. There are also rules protecting employees during maternity and paternity leave and in many cases during long-term sickness.

- Collective redundancies and consultation: If many employees are to be made redundant, employers usually have consultation duties with unions and may need to notify jobcenters. Collective agreements and EU-derived rules may set extra procedures and timelines.

- Role of trade unions and collective agreements: Trade unions are powerful in Denmark. Many employment terms are set by collective agreements, which can be decisive for notice periods, severance, and dispute resolution.

- Dispute routes: Individual dismissal disputes are typically resolved by negotiation, union representation, or court proceedings in the ordinary courts. Collective disputes often go to the Danish Labour Court - Arbejdsretten. Time limits and procedural rules vary by forum.

- Data protection and confidentiality: Handling personal and personnel data must follow GDPR and Danish rules on privacy. Employers must be careful with disciplinary records and personnel files.

Frequently Asked Questions

Can my employer fire me without giving a reason?

In Denmark, many contracts allow termination with notice without the employer providing a detailed reason. However, termination must not be unlawful - for example it cannot be discriminatory or in breach of statutory protections like those for pregnant employees or union representatives. Under Funktionærloven, certain rules about notice and grounds apply. If you suspect the reason is unlawful, seek advice promptly.

What notice period applies when I am dismissed?

Notice periods depend on your employment contract, any applicable collective agreement, and whether you are covered by Funktionærloven. Contracts and collective agreements commonly set longer notice periods than statutory minima. Check your written terms and consult your union or a lawyer if unclear.

Can I be dismissed during a probationary period?

Yes, probationary periods give employers and employees a chance to end the relationship more easily during the trial period. Probation periods are typically limited in time and must still comply with anti-discrimination rules. If you believe the dismissal during probation was based on an unlawful reason, contact a lawyer or your union.

Am I protected from dismissal while on sick leave?

There are restrictions on dismissing employees for reasons tied to sickness, and dismissals related to health conditions can be challenged. Whether a dismissal during sickness is lawful depends on the individual facts, contract terms, and applicable law. If you are sick and face termination, get advice quickly because time limits may apply.

What should I do if I receive a dismissal letter?

Read the letter carefully and gather relevant documents - your employment contract, payslips, emails, performance reviews, and any written warnings. Note dates and the names of people involved. Contact your trade union if you are a member, and consider a lawyer for an initial assessment. Respond in writing if needed, but avoid making admissions without advice.

Do I have a right to severance pay?

There is no general statutory right to severance pay in Denmark unless your contract or a collective agreement provides for it. Severance can also be part of negotiated settlement agreements. If you believe you are entitled to severance, check your contract and collective agreement and seek legal or union assistance to negotiate.

How long do I have to bring a claim for wrongful dismissal?

Time limits vary by the type of claim and the forum. General limitation rules in Denmark may apply to contract claims, but specific deadlines for employment disputes can be shorter in practice. Because deadlines can be strict, consult your union or a lawyer as soon as possible after dismissal.

What role does my trade union play?

Trade unions commonly provide legal advice, representation in negotiations, and representation in courts or tribunals. If you are a union member, contact your local union representative immediately after a dismissal or if problems arise during hiring. Unions often handle disputes at low or no extra cost for members.

What happens in a collective redundancy or mass layoff?

Collective redundancies trigger special rules. Employers normally must consult with employee representatives or unions and may need to notify municipal jobcenters or other authorities. Collective agreements set out procedures for selection criteria, notice, and possible re-employment rights. If a mass layoff is planned, affected employees should seek representation early.

How much will it cost to get a lawyer and what are my options to limit costs?

Lawyer fees vary by firm, complexity, and whether the case goes to court. Options to limit costs include using union legal services if you are a member, free initial consultations many lawyers offer, fixed-fee arrangements for certain services, or mediation/negotiation to avoid litigation. Ask prospective lawyers about fee structures and estimated costs before hiring.

Additional Resources

Local and national bodies that can help include:

- Jobcenter Assens - for unemployment benefits, activation, and local employer notifications.

- Your trade union or union local representative - for legal advice and representation.

- Ministry of Employment - national policy and guidance on employment matters.

- Danish Labour Court - Arbejdsretten - resolves collective disputes between employers and unions.

- District Court in Odense - for many individual employment disputes in the region.

- Danish Agency for Labor Market and Recruitment - for guidance on rules affecting employment and redundancies.

- Danish Data Protection Authority - for questions about handling personnel data under GDPR.

- Local lawyers and law firms experienced in employment law - for tailored legal advice.

Next Steps

If you need legal assistance with hiring or firing in Tommerup, consider the following practical steps:

- Gather documentation: contract, payslips, written notices, performance reviews, emails, and any warnings or meeting notes.

- Check whether you are covered by a collective agreement or Funktionærloven, and whether you are a union member. Contact your union early if you are a member.

- Ask your employer for a clear, written explanation of the dismissal or the proposed terms if you are negotiating a settlement.

- Seek an initial consultation with a lawyer or union representative to assess your case and deadlines.

- Consider negotiation or mediation if appropriate - many disputes settle before court.

- Act quickly - legal time limits can be strict. Even if you are unsure, contacting a union or lawyer early preserves your options.

This guide is informational and does not constitute legal advice. For advice specific to your case, contact a qualified employment lawyer or your trade union representative in Tommerup or the surrounding area.