Coronavirus – executive order on wage compensation to the private sector and guidelines on the application process

The Danish Ministry of Industry, Business and Financial Affairs has issued an executive order on the wage compensation scheme for private-sector employers. In addition, the Danish Business Authority has issued guidelines via ”Virksomhedsguiden” on the application process, which is now open.

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Last week, the Danish Government enacted the Bill on wage compensation that puts into practice the agreement between the Government and the social partners regarding wage compensation for businesses which, as a consequence of the current economic landscape, are facing redundancies. Our article on the Act can be read 

In addition to the Act, the Ministry of Industry, Business and Financial Affairs has issued an executive order on the wage compensation scheme. The executive order e.g. lays down the maximum compensation amount, conditions for receiving compensation, payment of compensation as well as rules on audit and repayment. Many of the issues regulated in the executive order were also presented during the Bill’s passage through the Danish Parliament, including in the legislative material.

The executive order specifies that the basis of calculation of wage compensation is the employee’s average pay calculated based on ”the higher average for the last 3 or 12 months, cf. the enterprise’s reporting to the E-income register (”eIndkomstregistret”)”. This will be of material importance to the calculation of some employees’ pay, e.g. in a situation where an hourly paid worker has worked considerably more or fewer hours than usual in the last few months.

Further, guidelines on the application process for wage compensation have been issued at ”Virksomhedsguiden”. According to these guidelines, the application process varies depending on whether the employer applies for wage compensation for more or less than 25 employees. The guidelines also list examples of situations where applications may be subject to manual review and, thus, incur additional processing time, which may have a heavy impact on the employer’s cash flow.

Finally, the Business Authority has opened the application process, so employers can now apply for wage compensation. Applications can be submitted via virksomhedsguiden.dk (in Danish only). According to the above-mentioned executive order, the final deadline for applying for wage compensation is 30 June 2020.

The content of the above is not, and should not be a substitute for legal advice.

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