Danish Labor Law 101 Part 2: When Work Gets Personal
Life happens. This section of our guide covers the protections that kick in when things get complicated: having a child, getting sick or injured, or facing discrimination at the office. In a nutshell; what matters more than understanding the nitty-gritty of these complex, and at times convoluted, policies is knowing who has the answer to your specific challenge.
By: Val Khorishko
Denmark’s generous parental leave and childcare policies have contributed to alleviating about 80% of the “motherhood penalty” — the financial losses and career costs for women associated with bearing children. The baseline is that parents have a total of 52 weeks of leave to split between the two of them, with specific numbers of weeks earmarked for each parent. However, there are a lot of complexities and nuances beneath the surface. Fully paid leave is not mandated by law; instead, as with many aspects of working life, these benefits heavily depend on the specific workplace, collective agreements and individually negotiated contracts.
According to Nanna Højlund, vice president of the Danish Trade Union Confederation (FH), one of the most common mistakes employees make is not consulting their union about their specific circumstances and conditions:“It can be very hard to get a complete understanding of these [parental leave] rules without professional advice, and therefore there are often misunderstandings about your rights and obligations.” She brings up a telling example: delaying informing your employer about your pregnancy can weaken your protection against dismissal.
You can learn more about the conditions for receiving benefits for salaried employees, self-employed professionals and unemployed jobseekers here, as well as a play-by-play of week allocation and timelines for informing your employer if you’re a salaried worker here.
Safe Workplaces, Defined
Danish Working Environment Act (under the auspices of the Danish Working Environment Authority) lays out the legal foundation for physical and psychological workplace safety. This means that work-related stress, lack of support, and unreasonable workloads are well within the legislation’s scope. It is, however, important to remember that stress in and of itself is not recognized as an occupational disease, unless aggravating factors like workplace sexual harassment or bullying with no interference from management are involved.
According to the Mette Klingsten Law Firm, employers are increasingly held more accountable for failing to provide psychologically sound work environments. IDA recommends starting the process of dealing with workplace stress by speaking to your manager and union representative. You must complete a workplace risk assessment (APV), and then it’s up to your employer to put together an action plan to mitigate the issues. If all else fails, you can consult with your union about filing a complaint with the Danish Working Environment Authority — more details, including on complaint confidentiality, can be found here.
If you’re considering taking stress leave from work, you can find more details and guidelines here.
If you’ve been injured at work, 3F recommends quickly telling your supervisor and calling 112 if the injury is serious — the emergency response team will immediately involve all the relevant authorities. In smaller instances, you need to reach out to your doctor to report the injury as soon as possible, preferably within two days. Your employer has the responsibility to report your injury to Occupational Injury Authorities (Arbejdsskadestyrelsen), and it’s advised to follow up with them to make sure this was done. If your employer fails to comply, your doctor also has the authority to report the injury. In some instances, you may be entitled to workplace accident compensation — learn more about the process here.
A note for the self-employed: you may be entitled to sick pay from your municipality from the 17th day of illness. Taking out additional voluntary insurance can secure sick pay from the first day of illness and provide coverage in case of workplace injuries. Learn more about the available insurance schemes here.
Equality in Pay and Rights
Direct and indirect discrimination are prohibited in the Danish labor market. Three key acts provide legislative protection to employees: The Act on the Prohibition of Differences of Treatment in the Labour Market, The Act on Equal Treatment between Men and Women with regards to Employment, and the Consolidation Act on Equal Pay to Men and Women. Together, they cover discrimination based on race, ethnicity, or religion; equal treatment between men and women in hiring processes and working conditions; and the right to equal pay for equal work.
In many instances of potential discrimination cases, contacting your union for advice and assistance is the first line of defence. If you need immediate legal guidance, you can also call the Discrimination Helpline, operated by the Danish Institute for Human Rights.
If you have exhausted all your administrative options for conflict resolution, you can file a complaint with the Board of Equal Treatment. More details on when and how to proceed here.