If you are about to conduct a mass lay-off, make sure to avoid legal problems. As an employer, you are obligated to follow the procedure for mass lay-offs. This procedure is regulated by the Danish Act on Collective Dismissals, according to which Danish employers are required to give notice of upcoming lay-offs. The Act stipulates that you must inform and negotiate with the employees. Additionally, as part of this process, it's essential to keep The Regional Labor Market Councils (De Regionale Arbejdsmarkedsråd) updated regarding the ongoing negotiations.
Neglecting the proper procedure for mass lay-offs can lead to claims from the affected employees. Moreover, failing to comply may invite penalties imposed by The Regional Labor Market Councils (De Regionale Arbejdsmarkedsråd) on your company.
Before you initiate the mass lay-off process, it's crucial to note that collective agreements may include additional provisions concerning how employees should be informed and consulted during such situations. Moreover, remember that mass lay-offs may involve employees with special protections against dismissal, such as employee representatives.
It is essential that you as an employer are well prepared before initiating the lay-off process. That is why it is a good investment to get legal advice from NJORD law Firm’s specialists in the field.
NJORD Law Firm guides your company safely through the legal procedure, including notice requirements and the information and negotiation process. By following the legal procedure, you will not be met with claims for damages or penalties.
NJORD Law Firm can assist your company with all aspects of mass lay-offs, including:
- Assessment of whether the planned lay-off is covered by the Danish Act on Collective Dismissals
- Drafting of information letters to your employees
- Legal reporting to The Regional Labor Market Councils (De Regionale Arbejdsmarkedsråd)
- Negotiations with the employees
Contact our legal team for advice on how we can assist you with your specific case.
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.
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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.”
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