Amendment of Act on Equal Treatment of Men and Women

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Date:
23 Apr 2013

the danish parliament recently passed the bill to amend the danish act on equal treatment of men and women, which among other things will allow parents to request flexible working arrangements on returning from parental leave

By:
Yvonne Frederiksen

The Danish Parliament recently passed the Bill to amend the Danish Act on Equal Treatment of Men and Women, which among other things will allow parents to request flexible working arrangements on returning from parental leave

The Danish Parliament recently passed the Bill to amend the Danish Act on Equal Treatment of Men and ‎Women, which among other things will allow parents to request flexible working arrangements on ‎returning from parental leave.
In December last year, the Danish Minister for Employment introduced a bill intended to implement ‎parts of the revised Parental Leave Directive, which had been agreed by the social partners at the ‎European level. Click here to read Norrbom Vinding's commentary on the Bill. ‎‎
The Bill has now been passed by the Danish Parliament.‎
As a result, parents returning from maternity, paternity or parental leave are now entitled to submit to ‎their employer a written request for changes to their working conditions for a specified period, eg ‎changed working hours. The employer must consider the request with due regard to the needs of the ‎employee and the enterprise, and must respond in writing within reasonable time.‎
 
In addition, the amendment has clarified the protection of employees against dismissal in connection ‎with pregnancy, maternity or paternity leave and adoption, making it clear that employees are also ‎protected against "other less favourable treatment". An employee who suffers "other less favourable ‎treatment" in conflict with the Act will also be entitled to compensation. The rule providing for a ‎reversed burden of proof now also covers "other less favourable treatment". Importantly, according to ‎the notes to the Act, the amendment is not intended to change the current state of the law.‎
 
The new Act came into force on 8 March 2013.‎