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 and, during the process, inform De Regionale Arbejdsmarkedsråd about the negotiations.
The consequences of not following the procedure for mass lay-offs can be claims for damages from your employees. Furthermore, De Regionale Arbejdsmarkedsråd can impose penalties on your company.
Before you initiate the mass lay-off process, you should be aware that collective agreements may contain further rules on the information and consultation of employees in case of mass lay-offs. Furthermore, a mass lay-off may include employees who enjoy special protection against dismissal, for example, employee representatives.
It is essential that you as an employer is well prepared before initiating the lay-off process. That is why it is a good investment to get legal advising 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 De Regionale Arbejdsmarkedsråd
- Negotiations with the employees
- Every part of the lay-off process
NJORD Law Firm’s lawyers have extensive knowledge of mass lay-offs. Contact our experts 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.
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.
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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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