The Danish Government’s legislative programme 2018/2019

The Danish Government recently announced its legislative programme for the new parliamentary year.

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True to tradition, the Danish Government announced its legislative programme for the new parliamentary year on the first Tuesday of October. The legislative programme is a list of the bills that the Government expects to introduce in the new parliamentary year. As usual, the new legislative programme includes a number of measures in the field of labour and employment law.

Below follows an overview of some of the measures that are particularly relevant for the field of labour and employment law. As always, Norrbom Vinding will be following the measures closely and report on any developments in our news service.

Amendment of the Danish Stock Options Act
The Bill proposes significantly more freedom of contract in relation to employees’ rights on termination. According to the Bill, it should e.g. be possible to agree that share purchase options or subscription rights will lapse in case of dismissal. It should further be possible to agree that in connection with employees’ termination shares may be bought back at market price. A consultation was launched on the Bill in July and our commentary can be read here.

Amendment of the Danish Act on Equal Treatment of Men and Women
The purpose of this Bill is mainly to specify the prohibition of sexual harassment which is already laid down in the Danish Act on Equal Treatment of Men and Women. The Bill also proposes to increase the compensation level in cases regarding sexual harassment. You can read our commentary on the Bill here.

Amendment of the Danish Financial Business Act, the Danish Act on Measures to Prevent Money Laundering, etc.
The Bill is e.g. intended to increase the level of fines in cases of breach of the Danish money laundering legislation.

The Danish Act on Occupational Pension Funds
The purpose of the Bill is to implement the revised directive on labour market related pension funds. The Bill establishes a new principal act regarding occupational pension funds.

Amendment of the Danish Tax at Source Act etc.
The intention of the Bill is to reduce red tape in relation to the tax regime for researchers, e.g. by making the conditions for using the scheme more flexible.

Amendment of the Danish Taxation of Capital Gains on Shares Act etc.
The Bill is e.g. intended to establish better conditions for awarding employee shares in new, small businesses.

Amendment of the Danish Aliens Act
The legislative programme includes two amendments of the Danish Aliens Act.

The purpose of the first amendment is to strengthen Danish companies’ access to recruiting skilled foreign workers from third countries. With a view to accommodating the current needs in the labour market, it is proposed to update and expand the so-called ”Positive List” (i.e. the official list of professions experiencing a shortage of qualified professionals in Denmark). It is further proposed to introduce for 30 specific investment countries a lower limit on the amount in pay that foreign workers must receive in order to be able to work in Denmark.

The other amendment concerns a number of initiatives to prevent illegal work. One of such initiatives involves increased fines for employers that use illegal workers in case of aggravating circumstances.

Click here to see the Danish Government’s full legislative programme (in Danish).

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

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