Termination and Unfair Dismissal in Denmark
Reviewed by the Commoner Law Editorial Team. Sourced from Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Termination protections in Denmark come from statute (for salaried employees) and collective agreements (for hourly workers):
- Salaried employees (funktionærer): The employer must give notice based on length of service — 1 month (0–6 months), 3 months (6 months–3 years), 4 months (3–6 years), 5 months (6–9 years), 6 months (9+ years).
- Severance pay: After 12 years, a salaried employee is entitled to 1 month's salary; after 17 years, 3 months' salary.
- Unfair dismissal: Under the Hovedaftalen and many collective agreements, dismissal must not be unreasonable (usaglig). If it is, the employee may be entitled to compensation.
- Hourly workers: Notice periods and protections are set by their collective agreement — many mirror the Funktionærloven scale.
- Summary dismissal (bortvisning): Only allowed for gross misconduct (e.g., theft, violence, serious insubordination).
When does it apply?
- You are a salaried employee covered by the Funktionærloven — this generally means you work in a commercial, office, or service role for an average of more than 8 hours per week.
- You are an hourly worker covered by a collective agreement with termination provisions.
- Protections against unfair dismissal under the Hovedaftalen require at least 9 months of continuous employment.
What to Do If You Have Been Unfairly Dismissed in Denmark
- Request written notice of termination with the reason stated.
- If you believe the dismissal is unfair, contact your union immediately — they can demand negotiation and potentially take the case to the Industrial Court or an arbitration tribunal.
- If you are a salaried employee without union representation, you can bring a claim in ordinary court.
- Check if you are entitled to severance pay (12+ years of service) or compensation under your agreement.
What should you NOT do?
- Don't accept summary dismissal without cause — bortvisning requires gross misconduct; a normal performance issue does not qualify.
- Don't ignore the notice period — if your employer gives shorter notice than required, you are entitled to pay for the full notice period.
- Don't delay contacting your union — there are deadlines for challenging a dismissal (often 14 days to request negotiation).
Common Questions
What notice period am I entitled to in Denmark?
Under the Funktionærloven, salaried employees get notice based on service: 1 month (0-6 months), 3 months (6 months-3 years), 4 months (3-6 years), 5 months (6-9 years), and 6 months (9+ years). Hourly workers' notice periods are set by their collective agreement, which often mirrors this scale.
When does a Danish employer owe severance pay?
Under the Funktionærloven, a salaried employee is entitled to 1 month's salary after 12 years of service and 3 months after 17 years. Summary dismissal (bortvisning) is only allowed for gross misconduct such as theft, violence, or serious insubordination — a normal performance issue does not qualify.
How do I challenge an unfair dismissal in Denmark?
Request written notice of termination with the reason. Contact your union immediately — they can demand negotiation and take the case to the Industrial Court or arbitration. Protections against unfair dismissal under the Hovedaftalen require 9 months of continuous service. Deadlines are tight, often 14 days to request negotiation, so don't delay.
When does it apply — termination and unfair dismissal?
You are a salaried employee covered by the Funktionærloven — this generally means you work in a commercial, office, or service role for an average of more than 8 hours per week.You are an hourly worker covered by a collective agreement with termination provisions.Protections against unfair dismissal under the Hovedaftalen require at least 9 months of continuous employment.
What should I do if I have been dismissed without a valid reason or without proper notice in Denmark?
Request written notice of termination with the reason stated.If you believe the dismissal is unfair, contact your union immediately — they can demand negotiation and potentially take the case to the Industrial Court or an arbitration tribunal.If you are a salaried employee without union representation, you can bring a claim in ordinary court.Check if you are entitled to severance pay (12+ years of service) or compensation under your agreement.
What should you NOT do — termination and unfair dismissal?
Don't accept summary dismissal without cause — bortvisning requires gross misconduct; a normal performance issue does not qualify.Don't ignore the notice period — if your employer gives shorter notice than required, you are entitled to pay for the full notice period.Don't delay contacting your union — there are deadlines for challenging a dismissal (often 14 days to request negotiation).