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Danemark - Conditions de fond du licenciement
+ show references
- Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act [ESEA], as amended by Act 285 of 2017
Date: 29 Mar 2017; voir le site internet »
- Act on notice [...] in connection with collective redundancies, referred to as Collective Dismissals Act [CDA], Act No. 414 of 1 June 1994, as amended by Act No. 385 of 2017.
Date: 26 Apr 2017; voir le site internet » (voir dans NATLEX »)
Obligation d'informer le travailleur des raisons du licenciement: OuiRemarks: - - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.
- Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".
Motifs autorisés (licenciement justifié): aucunRemarks: - No ground for dismissals required in the laws reviewed.
valid grounds may be established through collective agreements. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. In addition sec. 2b(1) ESEA provides for the employer's obligation to pay compensation if the dismissal of an employee with at least 12 months' service which is not considered to be reasonably justified by the conduct of the employee or the circumstances of the enterprise. (see also sec. 3 ESEA)
Motifs prohibés: état matrimonial; grossesse; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle; religion; opinion politique; origine sociale; nationalité/origine nationale; âge; affiliation et activités syndicales; handicap; congé parental; origine ethniqueRemarks: - See anti-discrimination regulation:
- The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
- The Act on Discrimination on the Labour Market, 16 December 2008 as amended in December 2014, prohibits both direct and indirect discrimination due to race, colour, religion, political opinion, sexual orientation, age, disability or national, social or ethnic origin.
- The Act on Protection against Dismissal due to Organisational Matters, 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation. On temporary illness: see sec. 5 (1) ESEA.
Without good cause: Sec. 2b ESEA: dismissal not considered reasonably justified by the conduct of the employee or the circumstances of the enterprise entail compensation. Sec. 3 (1) ESEA: an employer who is terminating the employment relationship without a "good cause" shall pay compensation.
Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familialesRemarks: - - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
+ show references
- Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act [ESEA], as amended by Act 52 of 2015
Date: 15 Dec 2015; voir le site internet »
- Act on notice [...] in connection with collective redundancies, referred to as Collective Dismissals Act [CDA], Act No. 414 of 1 June 1994, as amended by Act No. 1482 of 2014.
Date: 23 Dec 2014; voir le site internet » (voir dans NATLEX »)
Obligation d'informer le travailleur des raisons du licenciement: OuiRemarks: - - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.
- Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".
Motifs autorisés (licenciement justifié): aucunRemarks: - No ground for dismissals required in the laws reviewed.
valid grounds may be established through collective agreements. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. In addition sec. 2b(1) ESEA provides for the employer's obligation to pay compensation if the dismissal of an employee with at least 12 months' service which is not considered to be reasonably justified by the conduct of the employee or the circumstances of the enterprise. (see also sec. 3 ESEA)
Motifs prohibés: état matrimonial; grossesse; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle; religion; opinion politique; origine sociale; nationalité/origine nationale; âge; affiliation et activités syndicales; handicap; congé parental; origine ethniqueRemarks: - See anti-discrimination regulation:
- The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
- The Act on Discrimination on the Labour Market, 16 December 2008 as amended in December 2014, prohibits both direct and indirect discrimination due to race, colour, religion, political opinion, sexual orientation, age, disability or national, social or ethnic origin.
- The Act on Protection against Dismissal due to Organisational Matters, 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation. On temporary illness: see sec. 5 (1) ESEA.
Without good cause: Sec. 2b ESEA: dismissal not considered reasonably justified by the conduct of the employee or the circumstances of the enterprise entail compensation. Sec. 3 (1) ESEA: an employer who is terminating the employment relationship without a "good cause" shall pay compensation.
Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familialesRemarks: - - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
+ show references
- Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act [ESEA], as amended by Act 52 of 2015
Date: 15 Dec 2015; voir le site internet »
- Act on notice [...] in connection with collective redundancies, referred to as Collective Dismissals Act [CDA], Act No. 414 of 1 June 1994, as amended by Act No. 1482 of 2014.
Date: 23 Dec 2014; voir le site internet » (voir dans NATLEX »)
Obligation d'informer le travailleur des raisons du licenciement: OuiRemarks: - - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.
- Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".
Motifs autorisés (licenciement justifié): aucunRemarks: - No ground for dismissals required in the laws reviewed.
valid grounds may be established through collective agreements. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. In addition sec. 2b(1) ESEA provides for the employer's obligation to pay compensation if the dismissal of an employee with at least 12 months' service which is not considered to be reasonably justified by the conduct of the employee or the circumstances of the enterprise. (see also sec. 3 ESEA)
Motifs prohibés: état matrimonial; grossesse; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle; religion; opinion politique; origine sociale; nationalité/origine nationale; âge; affiliation et activités syndicales; handicap; congé parental; origine ethniqueRemarks: - See anti-discrimination regulation:
- The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
- The Act on Discrimination on the Labour Market, 16 December 2008 as amended in December 2014, prohibits both direct and indirect discrimination due to race, colour, religion, political opinion, sexual orientation, age, disability or national, social or ethnic origin.
- The Act on Protection against Dismissal due to Organisational Matters, 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation. On temporary illness: see sec. 5 (1) ESEA.
Without good cause: Sec. 2b ESEA: dismissal not considered reasonably justified by the conduct of the employee or the circumstances of the enterprise entail compensation. Sec. 3 (1) ESEA: an employer who is terminating the employment relationship without a "good cause" shall pay compensation.
Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familialesRemarks: - - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
+ show references
- Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act [ESEA], as amended by Act 647 of 2013
Date: 12 Jun 2013; voir le site internet »
- Act on notice [...] in connection with collective redundancies, referred to as Collective Dismissals Act [CDA], Act No. 414 of 1 June 1994, as amended by Act No. 1482 of 2014.
Date: 23 Dec 2014; voir le site internet » (voir dans NATLEX »)
Obligation d'informer le travailleur des raisons du licenciement: OuiRemarks: - - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.
- Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".
Motifs autorisés (licenciement justifié): aucunRemarks: - No ground for dismissals required in the laws reviewed.
valid grounds may be established through collective agreements. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. In addition sec. 2b(1) ESEA provides for the employer's obligation to pay compensation if the dismissal of an employee with at least 12 months' service which is not considered to be reasonably justified by the conduct of the employee or the circumstances of the enterprise. (see also sec. 3 ESEA)
Motifs prohibés: état matrimonial; grossesse; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle; religion; opinion politique; origine sociale; nationalité/origine nationale; âge; affiliation et activités syndicales; handicap; congé parental; origine ethniqueRemarks: - See anti-discrimination regulation:
- The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
- The Act on Discrimination on the Labour Market, 16 December 2008 as amended in December 2014, prohibits both direct and indirect discrimination due to race, colour, religion, political opinion, sexual orientation, age, disability or national, social or ethnic origin.
- The Act on Protection against Dismissal due to Organisational Matters, 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation. On temporary illness: see sec. 5 (1) ESEA.
Without good cause: Sec. 2b ESEA: dismissal not considered reasonably justified by the conduct of the employee or the circumstances of the enterprise entail compensation. Sec. 3 (1) ESEA: an employer who is terminating the employment relationship without a "good cause" shall pay compensation.
Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familialesRemarks: - - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
+ show references
- Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act [ESEA], as amended by Act 647 of 2013
Date: 12 Jun 2013; voir le site internet »
- Act on notice [...] in connection with collective redundancies, referred to as Collective Dismissals Act [CDA], Act No. 414 of 1 June 1994, as amended by Act No. 1612 of 2013.
Date: 26 Dec 2013; voir le site internet » (voir dans NATLEX »)
Obligation d'informer le travailleur des raisons du licenciement: OuiRemarks: - - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.
- Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".
Motifs autorisés (licenciement justifié): aucunRemarks: - No ground for dismissals required in the laws reviewed.
valid grounds may be established through collective agreements. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. In addition sec. 2b(1) ESEA provides for the employer's obligation to pay compensation if the dismissal of an employee with at least 12 months' service which is not considered to be reasonably justified by the conduct of the employee or the circumstances of the enterprise. (see also sec. 3 ESEA)
Motifs prohibés: état matrimonial; grossesse; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle; religion; opinion politique; origine sociale; nationalité/origine nationale; âge; affiliation et activités syndicales; handicap; congé parental; origine ethniqueRemarks: - See anti-discrimination regulation:
- The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
- The Act on Discrimination on the Labour Market, 16 December 2008, prohibits both direct and indirect discrimination due to race, colour, religion, political opinion, sexual orientation, age, disability or national, social or ethnic origin.
- The Act on Protection against Dismissal due to Organisational Matters, 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation. On temporary illness: see sec. 5 (1) ESEA.
Without good cause: Sec. 2b ESEA: dismissal not considered reasonably justified by the conduct of the employee or the circumstances of the enterprise entail compensation. Sec. 3 (1) ESEA: an employer who is terminating the employment relationship without a "good cause" shall pay compensation.
Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familialesRemarks: - - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
+ show references
- Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act [ESEA]
Date: 03 Mar 2010; voir le site internet »
- Act on notice [...] in connection with collective redundancies, referred to as Collective Dismissals Act [CDA], Act No. 414 of 1 June 1994, as amended by Act No. 184 of 1997 and as last amended by Act 291 of 2010 adopted on March 22, 2010.
Date: 22 Mar 2010; voir le site internet » (voir dans NATLEX »)
Obligation d'informer le travailleur des raisons du licenciement: OuiRemarks: - - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.
- Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".
Motifs autorisés (licenciement justifié): aucunRemarks: - No ground for dismissals required in the laws reviewed.
valid grounds may be established through collective agreements. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. In addition sec. 2b(1) ESEA provides for the employer's obligation to pay compensation if the dismissal of an employee with at least 12 months' service which is not considered to be reasonably justified by the conduct of the employee or the circumstances of the enterprise. (see also sec. 3 ESEA)
Motifs prohibés: état matrimonial; grossesse; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle; religion; opinion politique; origine sociale; nationalité/origine nationale; âge; affiliation et activités syndicales; handicap; congé parental; origine ethniqueRemarks: - See anti-discrimination regulation:
- The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
- The Act on Discrimination on the Labour Market, 16 December 2008, prohibits both direct and indirect discrimination due to race, colour, religion, political opinion, sexual orientation, age, disability or national, social or ethnic origin.
- The Act on Protection against Dismissal due to Organisational Matters, 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation. On temporary illness: see sec. 5 (1) ESEA.
Without good cause: Sec. 2b ESEA: dismissal not considered reasonably justified by the conduct of the employee or the circumstances of the enterprise entail compensation. Sec. 3 (1) ESEA: an employer who is terminating the employment relationship without a "good cause" shall pay compensation.
Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familialesRemarks: - - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
+ show references
- Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act [ESEA]
Date: 03 Mar 2010; voir le site internet »
- Act on notice [...] in connection with collective redundancies, referred to as Collective Dismissals Act [CDA], Act No. 414 of 1 June 1994, as amended by Act No. 184 of 1997 and as last amended by Act 291 of 2010 adopted on March 22, 2010.
Date: 22 Mar 2010; voir le site internet » (voir dans NATLEX »)
Obligation d'informer le travailleur des raisons du licenciement: OuiRemarks: - - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.
- Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".
Motifs autorisés (licenciement justifié): aucunRemarks: - No ground for dismissals required in the laws reviewed.
valid grounds may be established through collective agreements. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. In addition sec. 2b(1) ESEA provides for the employer's obligation to pay compensation if the dismissal of an employee with at least 12 months' service which is not considered to be reasonably justified by the conduct of the employee or the circumstances of the enterprise. (see also sec. 3 ESEA)
Motifs prohibés: état matrimonial; grossesse; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle; religion; opinion politique; origine sociale; nationalité/origine nationale; âge; affiliation et activités syndicales; handicap; congé parental; origine ethniqueRemarks: - See anti-discrimination regulation:
- The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
- The Act on Discrimination on the Labour Market, 16 December 2008, prohibits both direct and indirect discrimination due to race, colour, religion, political opinion, sexual orientation, age, disability or national, social or ethnic origin.
- The Act on Protection against Dismissal due to Organisational Matters, 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation. On temporary illness: see sec. 5 (1) ESEA.
Without good cause: Sec. 2b ESEA: dismissal not considered reasonably justified by the conduct of the employee or the circumstances of the enterprise entail compensation. Sec. 3 (1) ESEA: an employer who is terminating the employment relationship without a "good cause" shall pay compensation.
Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familialesRemarks: - - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
+ show references
- Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act [ESEA]
Date: 03 Mar 2010; voir le site internet »
- Act on notice [...] in connection with collective redundancies, referred to as Collective Dismissals Act [CDA], Act No. 414 of 1 June 1994, as amended by Act No. 184 of 1997 and as last amended by Act 291 of 2010 adopted on March 22, 2010.
Date: 22 Mar 2010 (voir dans NATLEX »)
Obligation d'informer le travailleur des raisons du licenciement: OuiRemarks: - - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.
- Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".
Motifs autorisés (licenciement justifié): aucunRemarks: - No ground for dismissals required in the laws reviewed.
valid grounds may be established through collective agreements. This does not result in a total freedom to terminate the contract: it must be understood in light of the existence of prohibited grounds. In addition sec. 2b(1) ESEA provides for the employer's obligation to pay compensation if the dismissal of an employee with at least 12 months' service which is not considered to be reasonably justified by the conduct of the employee or the circumstances of the enterprise. (see also sec. 3 ESEA)
Motifs prohibés: état matrimonial; grossesse; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle; religion; opinion politique; origine sociale; nationalité/origine nationale; âge; affiliation et activités syndicales; handicap; congé parental; origine ethniqueRemarks: - See anti-discrimination regulation:
- The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
- The Act on Discrimination on the Labour Market, 16 December 2008, prohibits both direct and indirect discrimination due to race, colour, religion, political opinion, sexual orientation, age, disability or national, social or ethnic origin.
- The Act on Protection against Dismissal due to Organisational Matters, 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation. On temporary illness: see sec. 5 (1) ESEA.
Without good cause: Sec. 2b ESEA: dismissal not considered reasonably justified by the conduct of the employee or the circumstances of the enterprise entail compensation. Sec. 3 (1) ESEA: an employer who is terminating the employment relationship without a "good cause" shall pay compensation.
Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familialesRemarks: - - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
+ show references
- Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act [ESEA]
(Note that the link to the English version of the ESEA provided below only includes amendments up April 2008 - the last amendment of February 2009 was however taken into consideration in this database) Date: 03 Feb 2009; voir le site internet »
- Act on notice [...] in connection with collective redundancies, referred to as Collective Dismissals Act [CDA], Act No. 414 of 1 June 1994, as amended by Act No. 184 of 1997
Date: 12 Mar 1997 (voir dans NATLEX »)
- Act (No. 907 of 2008) based on the Fixed-Term Employment Act (No. 370 of 2003) [in Danish only]
Date: 11 Sep 2008; voir le site internet » (voir dans NATLEX »)
Obligation d'informer le travailleur des raisons du licenciement: OuiRemarks: - - Sec. 2 (7) ESEA : At the employee's request, the employer must state the reason for dismissal. This provision only applies in respect of white-collar employees.
- Sec. 4 of the General Agreement (1973) concluded by the Danish Employers' Confederation and the Danish Confederation of trade Unions states that "in the case of dismissal of an employee who has been employed in a company for at least nine continuous months, the employee concerned is entitled to request the reason for his dismissal in writing".
Motifs autorisés (licenciement justifié): aucunRemarks: - There is no general statutory prohibition against unfair dismissals, which means that the employer is, in principle, free to dismiss the employee.
This right can however be restricted by law or through collective agreements. - For example, under the Employers' and Salaried Employees' Act, which only applies to salaried employees, those employees are entitled to compensation if the dismissal is "reasonably justified by the conduct of the employee or the circumstances of the enterprise" (sec. 2 (b) ESEA) - In addition, with respect to collective agreements made under the Danish Confederation of Trade Unions and the Confederation of Danish Employers, for example, the General Agreement [GA] between those two organisations prohibits arbitrary action in connection with dismissals of employees (sec. 4 (3) of the GA) - Lastly, anti-discrimination laws place restriction on the employer's right to dismiss employees. [see below under prohibited grounds.]
Motifs prohibés: état matrimonial; grossesse; congé de matérnité; avoir déposé une plainte contre l'employeur; maladie ou accident professionel temporaire; race; couleur; sexe; orientation sexuelle; religion; opinion politique; origine sociale; nationalité/origine nationale; âge; affiliation et activités syndicales; handicap; congé parentalRemarks: - There are a number of laws that protect all workers against dismissals for specific reasons:
- The Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006, prohibits discrimination due to sex. The Act also lays down special rules on the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
- The Act (No. 1349 of 2008) on Discrimination on the Labour Market of 16 December 2008, prohibits both direct and indirect discrimination due to race, colour, religion or belief, political opinion, sexual orientation, age, disability or national, social or ethnic origin.
- The Act (No. 424 of 2006) on Protection against Dismissal due to Organisational Matters of 8 May 2006, protects employees against dismissal due to membership or non membership of a specific trade union and other organisation. -National service (whether civil or military): Sec. 6 ESEA (applicable only to white-collar employees): "The fact that a salaried employee is called up for national service (whether civil or military) shall not entitle the employer to dismiss the employee (...)".
Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité; travailleurs avec des responsabilités familialesRemarks: - - See art . 7 ESEA and the Consolidation Act on Equal treatment of Men and Women as regards Access to Employment, 28 June 2006 that lays down special rules of the burden of proof in cases were an employee is dismissed during pregnancy, adoption or maternity.
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