Best Hiring & Firing Lawyers in Viby

About Hiring & Firing Law in Viby, Denmark

Hiring and firing in Viby, Denmark follows the same national rules that apply across Denmark, combined with local practices shaped by employers, unions and collective agreements in the Aarhus region. Danish employment law balances employer flexibility with employee protections. Many employees are covered by the Salaried Employees Act - "funktionærloven" - or by sector specific collective agreements - "overenskomster". Whether you are an employee or an employer in Viby, you will encounter rules on contracts, notice periods, probationary periods, protection against unfair dismissal and anti-discrimination safeguards.

Why You May Need a Lawyer

Employment disputes can be stressful and technically complex. You may need a lawyer when:

- You receive a dismissal and are unsure whether it was lawful or fair.

- Your employer alleges gross misconduct or wants to dismiss you without notice.

- You face redundancy or collective layoffs and need help understanding selection criteria or negotiation of terms.

- You suspect discrimination, harassment or unfair treatment tied to pregnancy, sickness, union activity or protected characteristics.

- You need to interpret your employment contract, non-compete clause, confidentiality clause or pension and severance provisions.

- You want to negotiate a settlement agreement or severance package and need to protect your rights.

- You are an employer and want to follow correct procedures to reduce legal risk when dismissing staff or changing terms and conditions.

Local Laws Overview

Key legal aspects relevant to hiring and firing in Viby include the following:

- Employment contract: Most employees should have a written contract or written statement setting out key terms - job duties, salary, place of work and notice periods. Even where no written contract exists, statutory rules and custom can apply.

- Probationary period - "prøvetid": Probationary periods are common and typically last up to three months. During probation, dismissal is generally simpler but should still be based on an objective assessment and documented reasons.

- Notice periods: Notice periods vary. The Salaried Employees Act sets statutory minimum notice periods for employees covered by that law. For other employees, notice may be governed by contract or collective agreement. Notice periods usually increase with length of service.

- Grounds for dismissal: Employers can dismiss for personal reasons such as performance or conduct, or for business reasons such as redundancy. Dismissal must not violate discrimination rules or special protections linked to pregnancy, parental leave or union activity.

- Collective agreements: Many workplaces in Denmark operate under collective agreements that govern wages, notice periods, procedures for dismissal and redundancy, and the role of unions. Check if a relevant collective agreement applies.

- Documentation and warnings: Best practice is to document performance concerns and give warnings and an opportunity to improve before dismissal, except in cases of gross misconduct.

- Remedies: Remedies for unlawful dismissal can include reinstatement, compensation or negotiated severance. Unions often represent members in disputes and may use negotiation, mediation or litigation in the Labour Court - "Arbejdsretten" - or ordinary courts.

- Special protections: Employees have protections against dismissal on grounds of discrimination, pregnancy or while on certain kinds of leave. There are also rules on handling sick leave and long-term absence that employers must follow.

Frequently Asked Questions

Can my employer fire me without notice?

In most cases you cannot be dismissed without notice unless the employment contract contains a valid clause allowing immediate dismissal for gross misconduct or serious breach of duty. Even in cases of alleged gross misconduct, the employer must have a reasonable factual basis and follow fair procedure. If you are unsure, seek advice quickly because decisions can be contested.

What notice period applies when I am dismissed?

Notice periods depend on whether you are covered by the Salaried Employees Act, a collective agreement or an individual contract. Notice periods commonly increase with length of service. Check your employment contract and any applicable collective agreement. If in doubt, ask your union or a lawyer to confirm the minimum notice you should receive.

What is a probationary period and how does it affect dismissal?

A probationary period - usually up to three months - allows the employer to assess suitability. During probation dismissal is normally simpler but should still be justified and not discriminatory. Employers typically document reasons for ending probationary employment. Employees should ask for written reasons if dismissed during probation.

Am I protected from dismissal while on sick leave or parental leave?

There are stronger protections for employees who are on parental leave or who are pregnant. Long-term sickness also triggers legal considerations and employers should follow applicable rules and collective agreements before dismissing. If you think you were dismissed because of sickness or parental leave, obtain advice promptly.

Do I have a right to severance pay?

Severance pay is not automatically guaranteed under Danish law unless it is specified in your contract or governed by a collective agreement. Some dismissal settlements or social plans provide severance. A lawyer or union representative can help you negotiate a severance package where appropriate.

What should my employer do before dismissing me for poor performance?

Best practice is for the employer to document performance issues, give clear feedback, issue written warnings and offer an opportunity and reasonable time to improve. If dismissal follows a fair and documented process it is more likely to be lawful. Employers should also consider reasonable adjustments where health issues are involved.

How do collective agreements affect hiring and firing?

Collective agreements can set specific rules on notice periods, redundancy procedures, severance, and dispute resolution. They can also require employer notification to unions and consultation before redundancies. Check whether your workplace is covered by an agreement and consult the relevant union or HR department.

What can I do if I believe I was dismissed unfairly?

If you believe the dismissal was unfair, start by requesting written reasons from your employer and review your contract and any collective agreement. Contact your union for advice and representation. If necessary, consult a lawyer to assess legal remedies - negotiation, mediation or litigation. Act quickly because claims can have tight time limits.

Will a lawyer always be necessary?

Not always. Many disputes are resolved through discussion with HR or with union support. However, legal advice is recommended where the facts are contested, compensation is significant, complex contractual or statutory rules apply, or where you need help negotiating a settlement. Employers often use lawyers to reduce risk and ensure correct procedure.

How long do I have to bring a claim about dismissal?

Time limits vary by the type of claim and the forum you use. Some procedures and remedies have strict deadlines. Because limitation periods can be short and procedural steps may be required by collective agreements or law, you should seek advice as soon as possible after a dismissal.

Additional Resources

Useful organisations and resources for hiring and firing matters in Viby include:

- Danish Ministry of Employment - for national employment law information and policy.

- The Danish Labour Court - "Arbejdsretten" - handles certain collective disputes and interpretation of collective agreements.

- The Danish Agency for Labour Market and Recruitment - provides information and administration related to the labour market.

- Trade unions that represent employees by sector - examples include 3F, HK, FOA and professional unions like DJØF. Unions provide advice, representation and legal assistance to members.

- Employer associations and HR organizations - useful if you are an employer seeking guidance on lawful dismissal procedures.

- Aarhus Kommune jobcentre and local employment services - for practical support after dismissal and information on unemployment benefits.

- Local law firms and employment law specialists in the Aarhus and Viby area - for private legal advice and representation.

- The Danish Equality Board - for complaints about discrimination at work. Also consider occupational health and safety authorities where workplace safety or harassment is an issue.

Next Steps

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

- Review your employment contract, any written statements of terms and any applicable collective agreement. Note relevant dates, notice periods, and clauses such as non-compete and confidentiality.

- Collect and preserve documentation - written warnings, emails, performance reviews, absence records and any correspondence with your employer.

- Ask your employer for written reasons for a dismissal or for any proposed changes to terms and conditions.

- Contact your trade union if you are a member - unions often provide legal advice and representation in employment disputes.

- If you are not in a union or need independent advice, book a consultation with an employment lawyer who understands Danish employment law and local practice.

- Consider negotiation or mediation as first steps to resolve disputes and possibly secure a settlement. A lawyer can help negotiate terms and protect your interests.

- Act promptly - there can be strict time limits for raising complaints or filing legal claims. Early advice increases your chances of a favorable outcome.

- If you are an employer, follow fair procedures, document decision making, consult unions where required and seek legal advice before dismissing to reduce the risk of costly disputes.

Getting informed early and taking structured steps will help protect your rights and improve the chances of a fair resolution.