Denmark - Working time - 2011
LAST UPDATE
SOURCES
Name of Act
Ministry of Employment Consolidated Act no. 1072 of 7 September 2010 on the working environment, as amended up to Act no. 1538 of 21 December 2010.  Name of Act
Notification respecting daily and weekly rest periods Name of Act
Part-Time Act Name of Act
Consolidation Act on an Employer´s Obligation to Inform Employees of the Conditions Applicable to the Employment Relationship. Consolidation Act No.240 of 17 March 2010. 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) Name of Act
Consolidated Holiday Act No. 762 of 2011, of 27 June 2011, Bekendtgørelse af lov om ferie. Name of Act
Act on Employees’ Entitlement to Absence from Work for Special Family Reasons, Act no. 223 of 22 March 2006. Name of Act
Law regarding mandatory shop closing (Lukkelov), Law No.606 of 24 June of 2005. LEGAL DEFINITIONS
Working time/working hours
"Working time" shall mean any period during which the employee is working (carrying out his activity or duties) and is at the employer’s disposal. Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive S.2 Night work(er)
"Night work" shall mean 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 covers the interval between 22:00 and 05:00. "Night worker" shall mean the 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 S.2(4)(5) Young worker
"Young worker" shall mean a worker who is between 15 and 18 years old and who is not subject to compulsory education. However, the Minister may lay down regulations allowing the employment of younger persons than 15 under specific conditions. Working Environment Act S.60,61 NORMAL HOURS LIMITS
Daily hours limit
General limit
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. Working Environment Act S.61(1) Special categories
» Night work
Night workers shall not perform more than 8 hours of work per day on average over a 4 month reference period. Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive S.5 » Young workers
The working hours for young persons under the age of 18 shall not exceed the normal working hours for adults employed in the same sector, and working hours shall not exceed eight hours per 24-hour period. Working Environment Act S.61 » Young workers
The legislation provides that daily working hours for young persons under the age of 15 years, or young persons subject to compulsory education, must not exceed two hours on school days, and seven hours on other days than school days. However, young persons who have reached 15 years, but who are subject to compulsory education, may work eight hours on days which are not school days. Children who are under 15 years, but who are no longer subject to compulsory education may not work for more than seven hours per day. Working Environment Act S.61(2) Weekly hours limit
General limit
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. Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive S.4
Working Environment Act S.61(1) Historical data (year indicates year of data collection)
- 2009: No normal hours limit. Maximum limit (including overtime) of 48 hours.
- 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 S.4 Exceptions
The Minister for Employment may lay down regulations concerning reduced working hours in respect of work which may involve an exceptional risk to health and safety. Working Environment Act S.57 Special categories
» Young workers
The working hours for young persons under the age of 18 shall not exceed the normal working hours for adults employed in the same sector, and working hours shall not exceed 40 hours per week. Working Environment Act S.61 » Young workers
The total working hours per week may not exceed 12 hours in weeks with school days, and 35 hours in weeks other than school weeks. However, young persons who have reached 15 years, but who are still subject to compulsory education may work 40 hours in weeks other than school weeks. Children who are under 15 years, but who are no longer subject to compulsory education may not work for more than 35 hours per week. Working Environment Act S.61(2) OVERTIME WORK
Limits on overtime hours
General limits
The average working hours shall not exceed 48 per week (including overtime) calculated over a reference period of 4 months. Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive S.4 Historical data (year indicates year of data collection)
- 2009: Maximum weekly hours limit (including overtime) of 48 hours in average over a 4 months reference period.
- 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)
SCHEDULES
Statutory provisions have been not identified. 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 S.3 Historical data (year indicates year of data collection)
- 2009: 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.
Special categories
» Young workers
If daily working hours exceed 4 and a half hours, young persons under 18 years shall have a rest period of at least 30 minutes. Such rest period shall be at an appropriate time, and, if possible, continuous. Working Environment Act S.61(3) Daily rest periods
Duration
Working hours shall be organised so as to allow a rest period of at least 11 consecutive hours within every period of 24 hours. Working Environment Act S.50(1) Historical data (year indicates year of data collection)
- 2009: 11 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
Working Environment Act S.52, 53 Exceptions
The rest period may be reduced to eight hours in workplaces where it is impossible to have an 11 hour rest period between shifts. Working Environment Act S.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
Young persons under 18 years shall be allowed a rest period of at least 12 consecutive hours during a period of 24 hours. However, young persons under 15 years, or young persons who are subject to compulsory education shall be allowed a rest period of at least 14 consecutive hours during a period of 24 hours. Working Environment Act S.62(1) » Agricultural workers
The rest period may be reduced to eight hours for agricultural work up to 30 days in any calendar year. Working Environment Act S.50(2) Weekly rest periods
Duration
» General
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. Working Environment Act S.51(1) Historical data (year indicates year of data collection)
- 2009: 24 hours
- 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
Working Environment Act S.52, 53 Day specified
» General
The weekly rest period shall, as far as possible, fall on a Sunday, and, as far as possible, at the same time for all employees at the enterprise. 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 S. 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
Within each seven-day period, young persons under 18 years shall be entitled to two consecutive 24 hours periods of weekly rest. If it is not possible to place the two 24 hours periods off consecutively, one 24 hours period off shall be provided immediately before or after a daily rest period. One of these 24 hours periods off shall, as far as possible, be a Sunday. Working Environment Act S.62(2) ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
No employee may waive his entitlement to paid annual leave. The Consolidated Holiday Act (No.762 of 2011) does not preclude higher rights provided by other laws or regulations, individual or collective agreements or customs. Consolidated Holiday Act Section 4 Qualifying period
Every worker is entitled to annual leave regardless the period of employment and so no minimum qualifying period applies. The duration of the entitlement is calculated according to 2.08 days of paid holiday for each month of employment and calculated at pro rata in case its duration is shorter than one month. Consolidated Holiday Act S.7,8 Duration
» General
Employees are entitled to enjoy 25 days of annual leave for one year of employment. Consolidated Holiday Act S.8(1) Historical data (year indicates year of data collection)
- 2009: 25 days
- 2007: 25 days
- 1995: 24 working days or 5 weeks.
» Exceptions
In relation to work with a shorter duration of 1 month, the annual leave period shall be calculated in proportion to the duration of the employment period provided that every employee shall be entitled to 2.08 days of paid holiday for each month of employment during a calendar year (qualification year). Consolidated Holiday Act S.7 Payment
» Amount
The pay corresponding to the annual leave shall correspond to the ordinary pay in addition to: (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. Consolidated Holiday Act S.23(2) » Date of payment
The holiday supplement must be paid at the start of the holiday at the latest. Consolidated Holiday Act S.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. Consolidated Holiday Act S.14,15 Special categories
» Young workers
Young persons who are subject to compulsory education shall have a period in the school holidays which is entirely free of work. Trainees with a training contract under the Vocational Training Act shall have a right to paid holiday for 25 days during the first and second full holiday year after the start of the employment relationship. Working Environment Act S.61(5)
Consolidated Holiday Act S.9 PUBLIC HOLIDAYS
Number and dates
January 1st, New Year´s Day; The Thursday before Easter Sunday, Maundy Thursday; The Friday before Easter Sunday, Good Friday; March/April, Easter Sunday; The day after Easter Sunday, Easter Monday; The 4th Friday after Easter, The 4th Friday after Easter; 40 days after Easter, Ascension Day; 7 weeks after Easter, Whit Sunday; 7 weeks +1 day after Easter, 7 weeks +1 day after Easter; December 25, First Day of Christmas; December 26, Second Day of Christmas. Law regarding mandatory shop closing S.2 EMERGENCY FAMILY LEAVE
An employee shall be entitled to absence from work where: 1. urgent family reasons in cases of sickness or accident make the immediate presence of the employee indispensable (force majeure), 2. the employee is engaged by the local authority according to the provisions hereof in the Act on Social Services in order to care for a closely connected person with substantial and permanent impairment of physical or mental function or serious, chronic or long-term illness, or 3. the employee receives constant care allowance according to the provisions hereof in the Act on Social Services in order to care for a closely connected person who wishes to die in his/her own home. Act on Employees’ Entitlement to Absence from Work for Special Family Reasons Section 1 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
Limits
Daily hours limit
Night workers shall not perform more than 8 hours of work per day on average over a 4 month reference period. Where night work involves the performance of hazardous tasks or involving heavy physical or mental strain, the worker shall not perform more than 8 hours during a 24 hour period. Ministry of Employment Act No. 896 of 24 August 2004 to partially implement the Working Time Directive S.5 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 S.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 S.7 Special categories
Young workers
Young persons under the age of 18 shall not work between the hours of 8.00pm and 6.00am. However, in certain sectors or trades where circumstances make necessary or desirable the work of young persons, the aforementioned prohibition may be derogated, provided that they have reached at least the age of 15 years and they are no longer subject to compulsory education. In such case, the young person must under no circumstances work in the interval between the hours of 12.00 midnight and 4.00am. Working Environment Act S.61(4)(5) SHIFT WORK
Statutory provisions have been not identified. ON-CALL WORK
Statutory provisions have been not identified. FLEXITIME
Statutory provisions have been not identified. CASUAL WORK
Statutory provisions have been not identified. SHORT-TIME WORK/WORK-SHARING
Statutory provisions have been not identified. RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
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 S.7 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
The employer must inform the employee about all the essential conditions applicable to the employment relationship, not later than one month after the commencement of such employment relationship. Act on an Employer´s Obligation to Inform Employees S.2(2) Results generated on: 28th November 2023 at 17:48:30.
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