The Danish Posting of Workers Act amended

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Date:
21 Jun 2010

stricter duty to notify when posting employees to denmark - new act adopted

By:
Elsebeth Aaes-Jørgensen

Stricter duty to notify when posting employees to Denmark - new Act adopted

Stricter duty to notify when posting employees to Denmark – new Act adopted.
 
When a foreign enterprise posts employees to Denmark, it must file various details with the Danish Commerce and Companies Agency in order for the Danish authorities to be able to ensure compliance with Danish law.
 
Earlier this year, the Danish Government introduced a Bill proposing a stricter duty to notify. The authorities know from bitter experience that a number of foreign enterprises do not comply with the duty to notify.
 
Thus, the new Act is intended to increase compliance with Danish law and make it easier for the authorities and social partners to contact the foreign enterprises. Norrbom Vinding has previously commented on the Bill here.
 
Main features of the Act
Firstly, the Act extends the duty to notify to also include independent enterprises without employees. Secondly, the penalty for failing to notify is increased and, thirdly, compliance with the duty to notify will now be monitored by the Danish Working Environment Agency.
 
A new feature compared with the original Bill is that it is now the foreign service providers who must provide the Danish enterprises with documentation showing that they have filed the required information. If no such documentation is available or if the details filed are incorrect, the Danish enterprise must contact the Working Environment Agency within a short timeframe. The Danish enterprise as well as the foreign service provider risk being fined if they do not observe these rules.