Dismissal of employees
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.
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.
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.
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's practice, which is headed up by Miriam Michaelsen, specialises in the employment aspects of M&A transactions, the implementation of incentive schemes, restructurings and outsourcing issues, most notably for Nordic and German clients. Another key practitioner is Anders Worsøe, who is frequently instructed on collective bargaining issues.
NJORD Estonia: The team handles a wide range of contentious and non-contentious matters, including employment terminations and regulatory compliance, including data protection. Also offers day-to-day employment advice. Notable for advising both employers and employees from the public and private sectors.
“NJORD Law Firm advises its employer client list on the implementation of incentive schemes, litigation arising from the misuse of business secrets and the drafting and negotiation of management contracts and associated bonus schemes. The department also has expertise in data protection regulations and assists with negotiations with unions relating to corporate reorganisations. Practice head Miriam Michaelsen is also an expert in discrimination claims.”
“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.”