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12 May 2023

New Rules on the Employer's Obligation to inform Employees of the Conditions applicable to the Employment Relationship and certain Working Conditions

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Introduction

A new act on the Employer's Obligation to Inform Employees of the Conditions Applicable to the Employment Relationship and Certain working conditions (in Danish: "Lov om ansættelsesbeviser og visse arbejdsvilkår") (hereafter referred to as the “Act”) has been adopted by the Danish parliament.

The Act implements the EU Directive on transparent and predictable working conditions in the European Union (2019/1152) (hereafter referred to as the “Directive”).

The overall purpose of both the Act and the Directive is to secure sufficient information about material terms of employment and thus securing a sufficient level of transparency and predictability for the employee during the employment.

The Act is to come into force on 1 July 2023.

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For employees taking up new employment on or after 1 July 2023, the Employer is obligated to ensure that the employment contract complies with the minimum requirements of the Act. This applies even to employment contracts entered into before 1 July 2023 if the employee is employed on 1 July 2023 or later. Thus, such employment contracts must be adjusted in accordance with the requirements of the Act.

The Employer is not obligated to replace or update existing employment contracts unless requested by an employee. If the employer receives such a request, the employer must provide the employee with the updated employment contract no later than 8 weeks after the request has been made.

Below is a short summary of the main changes in the new Act that employers need to be aware of.

Pernille Nørkær

Partner

+45 30 37 96 40

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Salam Al-Khafaji

Associate

+45 30 37 96 04

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