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Denmark. ACT ON PROTECTION AGAINST DISMISSAL RELATED TO TRADE UNION MEMBERSHIP, 1990
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DENMARK

ACT ON PROTECTION AGAINST DISMISSAL RELATED TO TRADE UNION MEMBERSHIP

(Consolidation Act Ho. 443 of 13 June 1990)


Act on protection against dismissal related to trade union membership.

1. An employer shall not be entitled to dismiss an employee because he is a member of an organisation or of any specified organisation.

2.-

3. Section 1 and 2 above shall not apply to employees employed with an employer whose undertaking has been set up for the express object of promoting particular political, ideological, religious or cultural ideas and the organisational affiliation of the person concerned is considered to be of importance to the undertaking.

4. If an employee is dismissed in contravention of the provisions of this Act, the dismissal shall be set aside and employment relationship continued or restored if a claim to that effect is made.

However, this shall not apply to employees of private employers if it is considered unreasonable in the individual case and after balancing the interests of the parties to claim that the employment relationship should be continued or restored

4.a. - (1) If an employees is dismissed in contravention of the provisions of the Act, the employer shall pay compensation.
The amount of the compensation - which may not be less than 1 month's wages and not more than 24 months' wages - shall be fixed with due account to the length of service and the circumstances if the case. If the employment relationship has lasted for more than 2 years, the compensation may not be less than 3 months' wages.

4.b. -

5. This Act shall come into operation on 1 July 1982.

6. This Act shall not extend to the Faroe Islands and Greenland. The Act may be put into force in Greenland by Royal Decree.


Act No. 347 of 29 May 1990, amending the Act on protection against dismissal related to trade union activities which inserted section 4, section 4.a and section 4.b contains the following provision on commencement:

2. This Act Shall apply to dismissals taking place on or after 1 June 1990.

Ministry of Labour, 13 June 1990



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