The implementation of the EU Directive on Transparent and Predictable Working Conditions that was adopted 20 June 2019, was to be implemented by the EU member states on 1 August 2022, but has not yet been implemented in Denmark.
Postponement of Implementation
In Denmark, several regulations on labour market conditions are laid down in collective bargaining agreements (CBAs) initiated by the social partners, the Danish Employer Association (DA), and the Danish Confederation of Trade Unions (FH). As the Directive provides for changes in the current labour market conditions, the contracting parties have requested a postponement of the implementation, in order to modify the CBAs. The request has been granted by the Danish Ministry of Employment and the implementation of the Directive has been provisionally postponed in Denmark.
Currently, a draft bill for employment certificates and certain working conditions has been in hearing. It is expected that the draft bill will be tabled and processed at the Danish parliament in November 2022. Moreover, it is expected that a new legislation will enter into force in Denmark on 1 July 2023.
What does this mean for you as an employer?
Employees hired before 1 July 2023, do not have to obtain a new employment certificate or addendum, even if the employment certificate does not meet the employer’s disclosure obligation under the new law.
However, if the employee requests the missing information, the employer must provide such information within eight weeks of the employee’s request.
What is the Directive on working conditions?
The Directive on Transparent and Predictable Employment Conditions modernizes rights for all European workers by addressing and guaranteeing certain rights to employees. These rights include the following:
- Employee’s rights to paid leave or other paid absence
- Notices of termination
- The relevant CBA and other agreements
- Training/education that the employer may offer
- Identification of the user company for temporary employment
- Identification of social security institutions to which the employer may pay
Furthermore, the employer is obligated to provide the employee with the above information within the first month of employment.
The proposed Act on Employment Certificates and Certain Terms and Conditions of Employment will apply to all who are employed with predetermined or actual working hours that amounts to an average of more than three hours per week (in a reference period of four consecutive weeks).
The law will also apply if no guaranteed amount of paid work is fixed in advance of employment.
Additional components of the Directive can be found on the EU webpage.
Follow this new legislation to learn more.