Dismissal and Unfair Dismissal in Denmark (2026 Legal Guide) — Rules & Requirements
About this article
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?
Protection against dismissal in Denmark comes from legislation (for salaried employees) and collective agreements (for hourly-paid workers):
- Salaried employees: The employer must give notice depending on seniority — 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 Main Agreement and many collective agreements, the dismissal must not be unfair. If it is, the employee may be entitled to compensation.
- Hourly-paid workers: Notice periods and protection are set by collective agreement — many mirror the Salaried Employees Act's ladder.
- Summary dismissal: Permitted only for gross breach (e.g. theft, violence, serious insubordination).
When does it apply?
- You are a salaried employee covered by the Salaried Employees Act — which normally means you work in a commercial, clerical or service position more than 8 hours per week on average.
- You are an hourly-paid worker covered by a collective agreement with notice terms.
- Protection against unfair dismissal under the Main Agreement requires at least 9 months' continuous employment.
What to do if you have been unfairly dismissed in Denmark
- Ask for written notice with a justification.
- If you believe the dismissal is unfair, contact your trade union immediately — it can demand negotiation and possibly bring the case before the Labour Court or arbitration.
- If you are a salaried employee without union membership, you can bring a claim before the ordinary court.
- Check whether you are entitled to severance pay (12+ years' seniority) or compensation under your collective agreement.
What should you NOT do?
- Don't accept a summary dismissal without grounds — summary dismissal requires gross breach; an ordinary performance issue does not qualify.
- Don't ignore the notice period — if the employer gives shorter notice than required, you are entitled to pay for the whole notice period.
- Don't wait to contact the union — there are often short deadlines to challenge a dismissal (typically 14 days to request negotiation).
About Employment Law & Working Conditions in Denmark
Your work in Denmark rests on the so-called flexicurity model — there is no statutory minimum wage, but collective agreements (overenskomster) at sector level cover around 80% of employees. Ferieloven (the Holiday Act) gives you 25 days of paid holiday a year, accrued monthly. Salaried employees (funktionærer) have enhanced notice periods and protection against unfair dismissal under funktionærloven (the Salaried Employees Act). The working environment is governed by arbejdsmiljøloven (the Working Environment Act), enforced by Arbejdstilsynet. Collective-agreement disputes are heard by Arbejdsretten (the Labour Court); individual cases are heard by the ordinary courts.
Common Questions
What notice period am I entitled to in Denmark?
Under the Salaried Employees Act, salaried employees get notice depending on seniority: 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-paid workers' notice periods are set by their collective agreement, which often mirrors this ladder.
When must a Danish employer pay severance pay?
Under the Salaried Employees Act, a salaried employee is entitled to 1 month's salary after 12 years' seniority and 3 months' salary after 17 years. Summary dismissal is permitted only for gross breach such as theft, violence or serious insubordination — an ordinary performance issue does not qualify.
How do I challenge an unfair dismissal in Denmark?
Ask for written notice with a justification. Contact your trade union immediately — it can demand negotiation and bring the case before the Labour Court or arbitration. Protection against unfair dismissal under the Main Agreement requires 9 months' continuous employment. Deadlines are short, often 14 days to request negotiation, so don't wait.
What is the dismissal and unfair dismissal right in Denmark?
Protection against dismissal in Denmark comes from legislation (for salaried employees) and collective agreements (for hourly-paid workers):Salaried employees: The employer must give notice depending on seniority — 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 Main Agreement and many collective agreements, the dismissal must not be unfair. If it is, the employee may be entitled to...
When does it apply — dismissal and unfair dismissal?
You are a salaried employee covered by the Salaried Employees Act — which normally means you work in a commercial, clerical or service position more than 8 hours per week on average.You are an hourly-paid worker covered by a collective agreement with notice terms.Protection against unfair dismissal under the Main Agreement requires at least 9 months' continuous employment.
What do I do if I have been dismissed without a fair reason or without correct notice?
Ask for written notice with a justification.If you believe the dismissal is unfair, contact your trade union immediately — it can demand negotiation and possibly bring the case before the Labour Court or arbitration.If you are a salaried employee without union membership, you can bring a claim before the ordinary court.Check whether you are entitled to severance pay (12+ years' seniority) or compensation under your collective agreement.
What should you NOT do — dismissal and unfair dismissal?
Don't accept a summary dismissal without grounds — summary dismissal requires gross breach; an ordinary performance issue does not qualify.Don't ignore the notice period — if the employer gives shorter notice than required, you are entitled to pay for the whole notice period.Don't wait to contact the union — there are often short deadlines to challenge a dismissal (typically 14 days to request negotiation).