Denmark
Long-term temporary agency assignments (case law)
Impact date: 18 June 2026 (date of the Supreme Court's ruling) The Danish Supreme Court held, in a ruling of 18 June 2026, that workers covered by the Temporary Agency Work Act cannot, as a starting point, simultaneously be salaried employees under the Salaried Employees Act, and that neither the duration of a temporary assignment nor the number of extensions in itself removes it from the scope of the Temporary Agency Work Act. The decisive factor is whether the assignment was genuinely intended to be temporary and whether there is an objective, legitimate justification for any extensions.
Employer implications/action needed Employers and staffing agencies should continue to document the reason for the temporary nature of an assignment at the outset and for each subsequent extension, including objective grounds.
Employer risk Insufficiently documented or undocumented extensions of temporary assignments may result in the worker being reclassified as having employee status.
Workplace-accident reporting
Impact date: 1 July 2026 An amendment entered into force on 1 July 2026, meaning that employers must notify workplace accidents only if the injury causes at least three full days’ absence beyond the day of injury (currently it is one day). The change targets administrative burdens by filtering out very minor injuries from mandatory notification.
Employer implications/action needed N/A
Employer risk N/A
Link New bill
Political agreement - New collective-agreement-based business scheme for third-country labor
Impact date: 1 January 2027 On 30 June 2025, the Government announced a new “overenskomst-based” business scheme to ease recruitment from selected non-EU countries on Danish collective-agreement terms. The model ties access to being covered by a DA/FH-level collective agreement and certification with SIRI, with strengthened anti-dumping controls (e.g., ID-card measures on large sites). On 25 June 2026, the Danish government reintroduced the Bill (L 138, now; L 16) in Parliament, following its earlier lapse due to the general election. The Bill was passed on 3 September 2026.
Employer implications/action needed N/A
Employer risk N/A
Link New bill
The EU Pay Transparency Directive
Impact date: 1 January 2027 The EU Pay Transparency Directive introduces binding rules intended to secure pay transparency throughout the Member States. The Directive requires national implementation no later than 7 June 2026.
On 26 February 2026 a draft Bill implementing the EU Pay Transparency Directive was published for public consultation, with a consultation deadline of 27 March 2026. The draft Bill has not yet been formally presented in the Parliament after the Parliament election.
The European Commission and EIGE have published guidelines aimed at supporting companies’ work on pay structures that ensure equal pay for the same work or work of equal value. Furthermore the European Commission has published FAQs concerning pay transparency .
Employer implications/action needed Recommended to start a structured process leading up to 1 January 2027. Review and update pay structures and job evaluation criteria to ensure they are objective and gender-neutral, adjust recruitment materials and processes to meet the new transparency requirements.
Employer risk N/A
ILO adopts first global convention on platform work
Impact date: Awaited (the Convention requires ratification and domestic implementation before it has binding effect in Denmark) On 12 June 2026, the International Labour Conference adopted ILO Convention No. 193 concerning Decent Work in the Platform Economy, the first international labour standard specifically addressing digital platform work. The Convention applies to all digital labour platforms and platform workers regardless of their classification as employees or self-employed under national law, and covers matters including minimum payment, occupational health and safety, protection against unfair termination or deactivation. The standard only becomes binding once ratified and implemented by individual member states, including Denmark.
Employer implications/action needed N/A
Employer risk N/A
Link ILO Convention
Contact
© Eversheds Sutherland. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.
Connect with us
