Lawyers in Denmark. All the lawyers Online

Termination and dismissal - FOA

You are released, you can take on other paid work

A termination is an indication that you or your employer after a notice wishes to terminate employmentRegardless of whether the termination is coming from you or your employer, must be notified in writing. Please be aware that some (especially) municipal employers are practicing hiring employees as so-called ”tilkaldevikarer” on timelønsvilkår. If you are truly working continuously but are employed as ”tilkaldevikar” you should seek help from your department to get corrected your letter, as bl.

The legislation also prohibits discrimination, f

opsigelsesreglerne for blue-collar workers is different than that described here. The general rule is that you can terminate your job to an end by next month's end of the year.

This means that you must work in the rest of the month, the termination is delivered, plus the month after.

Are you still in the probation period, you can say up with a day's notice. There may also (exceptionally) be agreed longer notice, it may you see in your employment agreement. The rules and procedures for dismissal are set out in the agreement, in funktionærloven and of the administrative code. The latter, however, applies only to public employees and employees of independent institutions, there has driftsoverenskomst with the public. As a government employee, you are entitled to be heard before dismissal takes place. This means that the employer must tell the world that they intend to dismiss you and why.

On this basis, you have the right to make a statement, before the final dismissal happens.

It is seen occasionally, that the employer modifies the opinion after reading hearing. The most commonly applicable notice periods are set out in funktionærloven, which is referred to in all FOAs public sector collective agreements, and by far the most private.

Dismissal can only be made at the end of a month, so it must be given no later than the last day of the month before the notice period starts.

There are special rules for students, depending on the rules (the vocational education act and collective agreements) and the pupil are covered by the. The general rule is that a student in the first three months can be terminated without notice and even without reasons. After the expiry of the probationary period, a student might in general not be terminated, but only expelled (thrown out), if she he creates too crazy. As a starting point to you in the notice period to continue your work as normal. However, the employer can choose to layoff you or relieve you of service. It happens, you must not attend work but still get paid as agreed. You must, however, be aware that there are special rules concerning employer access to reduce wages in fritstillingsperioden, if you get another job. Are you ”only” exempt from service, you can also take up work elsewhere, but then you must be ready to leave your new workplace and return to work, you still pay for, if you are asked about it. Employees who are made redundant after having been employed for twelve or seventeen years with the same employer, is entitled to a severance payment, equal to, resp. Employees who are not employed under the rules in funktionærloven, do not have this right. A dismissal must be reasonably justified in the workplace or the employees. It is not the employer must pay a compensation An employee may not be dismissed on the grounds of pregnancy or maternity (or adoption). By dismissal in breach of these rules are granted is usually a considerable reimbursement. Protection from termination during pregnancy or leave of the law and therefore apply to all, also temporary workers and employees in fixed-term positions. dismissal, on the grounds of sex, age, race, ethnic origin, sexual orientation, disability and a number of other conditions. Suspicion, that the dismissal happened because of one of these facts should matter thereof is raised.

Also in such cases be awarded significant compensation.

You should also seek further advice and guidance from your union representative or your department.

Find your section, Select the issue Warning Dismissal A-box alcohol policy Employment Unemployed Working environment, Walkout, work-related Injuries working time rules Child's first second-day Maternity leave, Dismissal Allowance pre-Retirement Vacation and flex jobs FO-days job cuts Job search Job terminated job Salary care days Agreement Pension of a hostile work environment Seniorordninger senior policy Daylight saving time, winter time, Disease Specific holidays Tillidsvalgt Paid temporary worker Receives conversation Education Varmefri Weathering Vilkårsændringer Adult training allowance of freedom of Expression.