Your Rights at Work in Denmark: Dismissal, Summary Dismissal and Unpaid Pay
If you are dismissed, summarily fired or your salary is missing, you have more rights than most people think — with or without a union behind you. This guide covers notice periods, the requirements for a summary dismissal, the route to your money, and the different dispute routes in Danish employment cases.
If you are a salaried employee (funktionær) — as most office, sales and clinical staff in the private sector are — you are entitled to notice under the Salaried Employees Act (funktionærloven): from one month early in the employment, stepping up to six months with long seniority. If you resign, your own notice is typically one month.
If you are not a funktionær, your notice period is in your collective agreement (overenskomst) or contract. Whatever the basis, the notice must be respected, and you are entitled to salary for the entire notice period — including if you are released from duty (fritstillet).
After one year of employment, a dismissal must also be reasonably justified in either your circumstances or the company’s. An unfair dismissal can trigger compensation — but be aware that deadlines for raising the claim can be short. Always ask for the reasons in writing.
Summary dismissal: fired on the spot — is it legal?
A summary dismissal (bortvisning) means the employment ends immediately — no notice, and no salary from that point on. It is the harshest sanction in employment law and requires a serious breach: for example theft, violence or repeated absence despite warnings.
Many summary dismissals do not survive scrutiny. Minor infractions, single mistakes, or matters the employer has long known about without reacting do not, as a starting point, justify summary dismissal.
If you have been summarily dismissed, protest in writing immediately, and never sign an "agreement" you do not actually agree with. If the dismissal was unjustified, you may be entitled to salary for the entire notice period you should have had — and possibly compensation on top.
Unpaid wages: how to get your money
If your salary does not arrive, the first step is a written demand (påkrav): state the amount, reference your contract and payslips, and set a short, clear deadline. Unpaid salary is a material breach — if it continues after your demand, you may be entitled to terminate the employment and claim damages.
If the company goes bankrupt, the Employees' Guarantee Fund (Lønmodtagernes Garantifond) generally covers outstanding salary, holiday pay and pension within the fund's limits — file your claim as soon as possible.
Remember the claim is more than the salary line: holiday pay, pension and supplements follow. Smaller pay claims can ultimately be enforced through the courts under the small claims procedure, where you do not need a lawyer.
Your employment contract: what must be in writing
Under the Danish Employment Certificates Act (ansættelsesbevisloven) you are entitled to receive the essential terms of your employment in writing shortly after you start: workplace, duties, pay, working hours, holiday and termination terms, among others.
If the contract is missing or deficient, you may be entitled to compensation — and in a later dispute, ambiguities typically count against the employer. Always ask to get changes and new agreements in writing.
Pay special attention to restrictive covenants — non-compete and non-solicitation clauses must meet strict validity requirements and be financially compensated. Never sign a clause without understanding what it costs you in your next job.
Holiday and holiday pay when you leave a job
The Danish Holiday Act (ferieloven) is built on concurrent holiday (samtidighedsferie): you accrue paid holiday continuously and can take it as you earn it. When you leave, your untaken holiday is settled as holiday pay — typically into FerieKonto or a holiday fund, from which you request payment when you actually take the holiday.
If you are released from duty during your notice period, as much holiday as the notice can contain is generally considered taken during that period. That affects how much remains to be paid out.
Check your final payslip: holiday pay, the holiday supplement and any flexible-benefits balances must be settled correctly on departure. Errors here are among the most common — and most overlooked — pay claims.
Dispute with your employer: union, tribunal or court?
If you are a union member and your field is covered by a collective agreement, the union can run your case in the industrial dispute system — typically at no cost to you. It is often the fastest and cheapest route.
If you are not organised, you are not without options: you can negotiate yourself with written claims, seek advice, and ultimately go to court — smaller claims through the small claims procedure. If the case concerns discrimination — gender, age, ethnicity, disability and more — the Board of Equal Treatment (Ligebehandlingsnævnet) can handle it free of charge.
Note that legal expenses insurance typically excludes employment cases — but if you meet the financial conditions, free legal aid (fri proces) may be an option if the case goes to court.
Frequently asked questions about work and employment
As a salaried employee (funktionær): from one month early in the employment up to six months with long seniority — your own notice is typically one month. Outside funktionær status, your collective agreement or contract sets the notice.
Protection is limited during roughly the first year, but after one year of employment a dismissal must be reasonably justified. An unfair dismissal can trigger compensation — always get the reasons in writing and seek advice quickly.
Send a written demand immediately with the amount and a short deadline. If the breach continues, you may be entitled to terminate and claim damages — and on bankruptcy, the Employees' Guarantee Fund (Lønmodtagernes Garantifond) generally covers what you are owed.
Only for a serious breach — e.g. theft, violence or repeated absence despite warnings. Minor infractions generally do not justify it, and an unjustified summary dismissal can trigger salary for the notice period and possibly compensation.
Yes. Under the Employment Certificates Act you must receive the essential terms in writing shortly after starting. Missing or deficient information can trigger compensation.
Untaken holiday is settled as holiday pay on departure — typically into FerieKonto, from which you request payment when you take the holiday. If you are released from duty, as much holiday as fits is generally considered taken in that period.
Where your case can be handled
Union, tribunal or court — depending on your situation
Discrimination cases are handled free of charge by the Board of Equal Treatment (Ligebehandlingsnævnet), and on your employer's bankruptcy the Employees' Guarantee Fund (Lønmodtagernes Garantifond) generally covers your outstanding pay.
Gather your contract, payslips, the dismissal/termination and all correspondence
Send a written objection or payment demand to your employer with a clear deadline
Union member? Let the union run the case in the industrial dispute system
Discrimination? Complain free of charge to the Board of Equal Treatment
Otherwise: the courts — smaller claims via the small claims procedure; check fri proces first