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Denmark - Working time - 2009


LAST UPDATE

1 October 2009

SOURCES


Name of Act

Notification respecting fishermen/women’s rest periods
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Name of Act

Notification respecting certain aspects in relation to the scheduling of working time on board offshore installations

Name of Act

Shop Opening Hours Act
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Name of Act

Working Environment Act, as amended to Act No. 300 of 19 April 2006.

Name of Act

Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive (Bekendtgørelse om gennemførelse af dele af Arbejdstidsdirektivet)
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Name of Act

Notification respecting daily and weekly rest periods



Name of Act

Holiday Act (Bekendtgørelse af Ferielov) No. 407 of 28 May 2004
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Name of Act

Part-Time Act
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Name of Act

Notification respecting work by young persons, dated 14 June 1996. Oder No. 516 of the Ministry of Labour.
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Name of Act

Notification of the Act respecting conditions of employment in agriculture, etc. (Lov om Visse Arbejdsforhold i Landbruget m.v.). Notification No. 712 of 2002.
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Name of Act

Seafarers’ Act
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Name of Act

Notification of the Seafarers’ Annual Leave Act
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Name of Act

Notification respecting seafarers’ rest periods
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Name of Act

Notification respecting limitations on the application of the Working Environment Act to work being performed in the employer’s own home

Name of Act

Notification respecting employment protection in road transportation
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Name of Act

Act respecting the employer’s obligation to inform the worker about conditions of employment
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Name of Act

Child Care Act

Name of Act

Notification of the Child Care Act

Name of Act

Notification respecting daily cash benefits in the event of sickness or maternity

LEGAL DEFINITIONS


Night work(er)

Work carried out during a period of at least seven hours which must include the period from 00:00 to 05:00. Unless otherwise agreed, the night work period is between 22:00 and 05:00.
A worker who normally performs at least three hours of work during the night work period or who performs at least 300 hours of night work during a 12 month period.
Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive §2(4) and §4(5)

NORMAL HOURS LIMITS


Daily hours limit


General limit

(No statutory daily hours limit.)
Historical data (year indicates year of data collection)
  • 2011: The Working Environment Act provides that the normal working hours for adults shall not exceed 8 hours per 24-hour period. However this limit may be reduced according to the working conditions agreed in a collective agreement.

Special categories


» Night work

8 hours on average over a 4 month reference period.

8 hours within a 24 hour period for work that involves special risks or is particularly arduous.
Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive §5

» Shift work

8 hours on average over a 4 month period
Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive §5(1)

» Young workers

8 hours (15-18 years)
Working Environment Act §61

» Young workers

13-15 years in compulsory schooling: 2 hours on school days and 7 hours on other days

15 years and in compulsory education: 8 hours on non-school days

Under 15 years not in compulsory education: 7 hours
Working Environment Act §61(2)
Notification respecting work by young persons §35(1) and (3)

Weekly hours limit


General limit

No normal hours limit. Maximum limit (including overtime) of 48 hours.
Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive §4
Historical data (year indicates year of data collection)
  • 2011: The Working Environment Act provides that the normal working hours for adults shall not exceed 40 hours per week. However this limit may be reduced according to the working conditions agreed in a collective agreement. The average working hours shall not exceed 48 per week (including overtime) calculated over a reference period of 4 months.
  • 2007: No normal hours limit. Maximum limit (including overtime) of 48 hours.
  • 1995: No legislation.

Reference period(s)

The 48 hour limit is calculated over a reference period of four months.
Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive §4

Special categories


» Young workers

40 hours (15-18 years)
Working Environment Act §61

» Young workers

15 years and in compulsory education: 12 hours on school weeks and 35 hours on other weeks

Under 15 and not in compulsory education: 35 hours
Working Environment Act §61(2)

OVERTIME WORK


Limits on overtime hours


General limits

Maximum weekly hours limit (including overtime) of 48 hours in average over a 4 months reference period.
Holiday Act §4
Historical data (year indicates year of data collection)
  • 2011: The average working hours shall not exceed 48 per week (including overtime) calculated over a reference period of 4 months.
  • 2007: Maximum weekly hours limit (including overtime) of 48 hours.
  • 1995: n.a.

Compensation for overtime work


Overtime rate(s)

(No statutory provisions.)
Historical data (year indicates year of data collection)
  • 2011: (No statutory provisions.)
  • 1995: n.a.

REST PERIODS


Rest breaks


General provisions

Workers are entitled to a rest break after six hours of work.
Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive §3
Historical data (year indicates year of data collection)
  • 2011: Workers are entitled to a rest break after six hours of work.
  • 2007: Workers are entitled to a rest break after six hours of work.
  • 1995: No legal provision.

Daily rest periods


Duration

11 hours
Working Environment Act §50(1)
Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive §3
Historical data (year indicates year of data collection)
  • 2011: Working hours shall be organised so as to allow a rest period of at least 11 consecutive hours within every period of 24 hours.
  • 2007: 11 hours
  • 1995: 11 consecutive hours.

Exceptions

Nine hours for loading and unloading work and related activities performed by temporary workers.

The rules on weekly rest do not apply in the following circumstances:
(1) where there is a substantial distance between the worker’s workplace and home, or between his or her workplaces;
(2) in surveillance work;
(3) in work protecting persons or goods;
(4) to ensure the continuity of services or production;
(5) to deal with unexpected workloads;
(6) in certain activities in the railway sector; and
(7) in activities characterized by several shorter work periods during the day;
(8) in emergency situations.
The 11 hour daily rest period can be reduced to 8 hours in the fashion industry and cultural activities on a maximum of 20 days per year.
Notification respecting daily and weekly rest periods §5, §8, §9 & Appendix

Exceptions

Eight hours in workplaces where it is impossible to have an 11 hour rest period between shifts.
Working Environment Act §50(2)

Exceptions

Eight hours during annual accounting/stocktaking work or sales on a maximum of 14 days per year.

Eight hours for work carried out in storage rooms and shops in the 14 days before Christmas.
Notification respecting daily and weekly rest periods §8

Special categories


» Young workers

12 hours for young workers of 15-18 years.

14 hours for young workers under 15 years or in compulsory education.
Working Environment Act §62(1)
Notification respecting daily and weekly rest periods §40

» Agricultural workers

The 11 hour daily rest period can be reduced to eight hours on a maximum of 30 days per year.
Working Environment Act §50(2)

Weekly rest periods


Duration


» General

24 hours
Working Environment Act §51(1)
Notification respecting daily and weekly rest periods §4
Historical data (year indicates year of data collection)
  • 2011: Within each period of seven days, employees shall have a weekly rest of 24 hours, which shall be in immediate connection to a daily rest period.
  • 2007: 24 hours
  • 1995: 24 hours of rest immediately after a daily rest period.

» Exceptions

The rules on weekly rest do not apply in the following circumstances:
(1) where there is a substantial distance between the worker’s workplace and home, or between his or her workplaces;
(2) in surveillance work;
(3) in work protecting persons or goods;
(4) to ensure the continuity of services or production;
(5) to deal with unexpected workloads;
(6) in certain activities in the railway sector; and
(7) in activities characterized by several shorter work periods during the day;
(8) in emergency situations.
The rules on weekly rest do not apply to workers in managerial positions who carry out supervisory work and who are not required to follow the schedule of the other workers in their workplaces.
Notification respecting daily and weekly rest periods §5, §6, Appendix

Day specified


» General

Sunday
The weekly rest day can be taken on a day other than Sunday by:
(1) workers who care for other people, animals, plants or perishable goods;
(2) workers in managerial positions who carry out supervisory work and who are not required to follow the schedule of the other workers at their workplaces;
(3) workers who determine their own working time or whose working time cannot be measured or scheduled ahead of time.
Working Environment Act §51(1) and (2)
Notification respecting daily and weekly rest periods §4, §3, §4(2), §6, & §5

» Exceptions

The rules on weekly rest do not apply in the following circumstances:
(1) where there is a substantial distance between the worker’s workplace and home, or between his or her workplaces;
(2) in surveillance work;
(3) in work protecting persons or goods;
(4) to ensure the continuity of services or production;
(5) to deal with unexpected workloads;
(6) in certain activities in the railway sector; and
(7) in activities characterized by several shorter work periods during the day;
(8) in emergency situations.
Notification respecting daily and weekly rest periods §5 & Appendix

Special categories


» Young workers

Two days
Working Environment Act §62(2)

» Agricultural workers

Weekly rest can be taken on a day other than Sunday in agricultural and horticultural work.

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

25 days
Holiday Act §8(1)
Historical data (year indicates year of data collection)
  • 2011: Employees are entitled to enjoy 25 days of annual leave for one year of employment.
  • 2007: 25 days
  • 1995: 24 working days or 5 weeks.

» Exceptions

Workweek of less than 5 days: 2.08 holidays per month (25 per year).

Workweek of more than 5 days: 2.5 holidays per month (30 days).
Working Environment Act

Payment


» Amount

Normal wages plus:
(1) the value of any fringe benefits that are not available to the worker during the holiday; and
(2) a holiday supplement of 1% of the annual wage.
Holiday Act §23(2)

» Date of payment

The holiday supplement must be paid at the start of the holiday at the latest.
Holiday Act §23(4)

Schedule and splitting

At least 15 days of leave ("the main holiday period") must be given as a consecutive period.

The other days are to be given as consecutive periods of at least 5 days. If they total less than 5 days, they are to be given as a consecutive period. Where it is desirable for operational reasons, the other days of the holiday can be given as individual days.

The employer fixes the time at which the holiday can be taken, after consultation with the employee.

The employer must, with due consideration to the operation of the enterprise, meet the employees’ wishes as regards the timing of the holiday, including the wish to take the main holiday during the school holiday of his or her child.

The employer can change previously arranged holidays, if required by important, unforeseeable operational considerations. The employee is entitled to compensation for any financial loss suffered as a result of the postponement. Holidays which have already started cannot be changed.
Holiday Act §14 and §15

Special categories


» Agricultural workers

25 days.

The worker and employer can agree to 30 days of leave, where the worker is works a six-day week.
Notification of the Act respecting conditions of employment in agriculture, etc. §9

PART-TIME WORK


General provisions

Workers and employers are entitled to agree that the worker will work on a part-time basis.
Part-Time Act §4a

Limits

It is permitted for collective agreements to provide that part-time workers are not permitted to work for more than 15 hours per week.
Part-Time Act 4a(1)

NIGHT WORK


Workers' health

Workers have a right to a free health assessment before commencing night work and afterwards within regular intervals of less than 3 years.
Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive §6

Transfers

Night workers who suffer from health problems related to night work must be transferred to suitable day work where possible.
Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive §7

RIGHT TO CHANGE WORKING HOURS


Refusal to transfer

It is prohibited to dismiss a worker for refusing or requesting to work part-time.
Part-Time Act §4a(3)

INFORMATION & CONSULTATION


Information

Employers are obliged to inform employees about their working time arrangements.
Act respecting the employer’s obligation to inform the worker about conditions of employment §2(2)(9)

Results generated on: 24th April 2014 at 02:45:23.
Page 1 of 1 (1 countries)   

 
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