Easier access to highly skilled foreign workers

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Date:
28 Nov 2014

the danish government has introduced a bill proposing a number of statutory amendments designed among other things to provide danish employers with easier access to recruit foreign workers.

By:
Elsebeth Aaes-Jørgensen

The Danish Government has introduced a bill proposing a number of statutory amendments designed among other things to provide Danish employers with easier access to recruit foreign workers.

Before the summer holidays, the Danish Government reached agreement about a reform of the rules ‎governing international recruitment. The reform is intended among other things to provide easier ‎access to highly skilled foreign workers. In the course of implementing the agreement, the Government ‎has now introduced its Bill to amend the Danish Aliens Act, the Danish Integration Act and the Danish ‎Act on the Centralised Civil Register.‎

The Bill includes the following proposals:‎

  • Introduction of a new fast-track scheme for recruitment abroad
  • Abolishment of the corporate scheme
  • Introduction of a pilot scheme for self-employed persons – "Start-Up Denmark"‎
  • New options in the research field
  • Streamlining of the green card scheme
  • New rules for international graduates
  • No residence permit during a legal industrial dispute
  • Increased and more efficient regulatory control

Introduction of a new fast-track scheme for recruitment abroad
To ensure a smoother and faster process for international recruitment, a fast-track scheme will be ‎introduced to provide Danish companies as well as Danish divisions of foreign companies access to ‎recruit highly skilled foreign workers at short notice. To be eligible for the fast-track procedure, the ‎companies must obtain the requisite certification, have at least 20 full-time employees and be covered ‎by a collective bargaining agreement or issue a solemn declaration that the foreign workers will be ‎employed on similar terms and conditions.‎

New options in the research field
In the field of research, the Bill proposes to provide foreign researchers with more flexible terms for ‎gaining access to Denmark – including the option of working part-time in Denmark and part-time abroad. ‎

Streamlining of the green card scheme
The current green card scheme involves a points system. In order to qualify for a residence permit, a ‎foreign worker must achieve a minimum of 100 points. Points are awarded based on the worker's ‎qualifications, more specifically his or her educational and professional background, language skills, ‎adaptability and age.‎

To make it easier for foreign workers seeking jobs in shortage areas, the Bill proposes to change the ‎points system to be more biased in favour of language skills and a number of specified educational ‎backgrounds and to remove age as a factor altogether.  ‎

No residence permit during a legal industrial dispute
To accentuate the principle of neutrality to be observed by public authorities in connection with legal ‎industrial disputes, it is proposed to deny residence and work permits for foreign workers if the job in ‎question is affected by a legal industrial dispute. ‎

Increased and more efficient regulatory control
The Bill proposes to introduce increased regulatory control with Danish employers of foreign workers in ‎order to ensure compliance with a number of Danish rules, including those governing pay and working ‎conditions. For one thing, more resources will be allocated to the Danish Agency for Labour Market and ‎Recruitment and the Agency will be given access to the logs which Danish employers are required by the ‎Danish tax authorities to maintain, in order to ease the Agency's burden of verifying the data reported ‎by the employers.‎

Danish employers will also be subject to an extended reporting duty, including data on pay and working ‎conditions, if so requested by the Danish Agency for Labour Market and Recruitment.‎

Effective date
If the Bill is enacted, it will come into force on 1 January 2015.‎

Norrbom Vinding will be monitoring the Bill on its passage through the Danish Parliament, and will ‎report on new developments.