Dismissal of employees
Are you about to dismiss an employee? Get legal assistance from NJORD Law Firm’s lawyers. There are many rules to consider, and it may cost you a lot of money if you do not follow them.
Depending on whether you need to terminate a salaried employee or another type of employee, different rules apply, for example, rules governing statutory notice periods. Statutory notice periods for salaried employees are stipulated by the Danish Salaried Employees Act, whereas other employee notice periods are covered by collective agreements.
Furthermore, there are special rules protecting employees against discrimination and unfair dismissal. It can be difficult to assess when a dismissal is unfair. NJORD Law Firm guides you through the entire process.
Furthermore, NJORD Law Firm assists you with the drafting of a written notice of termination or a severance agreement with the employee.
In addition to the fact that many employees are protected against unfair dismissal, you also need to consider that special rules on prohibition against discrimination apply when you terminate an employee. Prohibition against discrimination applies with reference to:
If the dismissal is in contravention of the prohibition against discrimination you may be imposed to pay damages.
Employees qualified for special protection
Some categories of employees enjoy special protection against dismissal, for example, employee representatives. If you are considering terminating an employee representative or a work environment representative, we recommend that you seek legal advice.
In cases of gross misconduct, it is possible to dismiss the employee summarily. It means that the employment relationship will terminate with immediate effect. This also applies to the wage payment.
A summary dismissal can have significant consequences for the employee. Therefore, a breach of contract must be serious before you decide to use this option.
If you are considering to dismiss an employee summarily, we recommend that you contact our lawyers for legal advice. A wrongful summary dismissal can be expensive.
NJORD Law Firm can assist you with the drafting of a severance agreement with the employee. We recommend a severance agreement if you as an employer want to terminate the employment fairly.
A severance agreement may ensure that you will not be met with a claim for damages for unfair dismissal or discrimination later on.
We can advise you on how to enter into a severance agreement and the contents hereof.
Always updated on legal knowledge
We are always updated on legal knowledge. This ensures that our legal counselling always comply with the most recent practice within labour and employment law.
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“The ‘proactive, friendly and exceptionally professional’ group at NJORD Law Firm focuses on employment litigation, agreements, incentive schemes and data protection matters. Miriam Michaelsen leads the practice and is an expert in handling contracts, disputes and negotiations with unions; and Lars Lokdam specialises in transactional issues.”
– Legal 500, 2019