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WORKING IN DENMARK

Denmark’s Wolt couriers face years-long wait for injury compensation

Drivers with delivery service Wolt face uncertainty if they suffer injuries in the course of their work after the company appealed against a ruling that would oblige it to pay compensation.

Denmark's Wolt couriers face years-long wait for injury compensation
Wolt couriers in Denmark are still not certain to receive compensation if they are injured while working. The company has appealed a recent ruling which obliges it to insure drivers. File photo: Henning Bagger/Ritzau Scanpix

Wolt delivery staff in Denmark, many of whom are foreign nationals, must wait to find out whether they can receive compensation from the platform in the event they are injured in the course of their work, or if they have been injured in the past.

A recent ruling by Denmark’s occupational injury authority, Arbejdsmarkedets Erhvervssikring (AES), found that Wolt is obliged to pay compensation to delivery drivers if they are injured while working.

The ruling means AES views Wolt drivers as employees of the company in the sense that they are covered by Denmark’s regular laws on occupational injuries. As such, they would be entitled to compensation if they are injured at work – under the same terms as anyone working in Denmark for a Danish company.

But Wolt has appealed against the ruling, disputing the assertion that its relationship with its drivers, whom it describes as “courier partners”, is the same as that between employer and employee.

Because the decision has been appealed, Wolt does not have to pay out compensation in any cases until the appeals process has concluded. This could take several years given the potential of the appeal to go all the way to the supreme court, according to trade union publication Fagbladet 3F.

One former Wolt driver impacted by the situation, Mahendra Poudel, told The Local he had difficulty continuing in his job after an accident while driving for Wolt in Copenhagen in June.

Poudel, who is from Portugal, said he came off his moped on the way to a delivery address after he swerved sharply to avoid a child who stepped into the road.

“I couldn’t think of anything. Nothing else came to my mind except that I should save that child. I had to take a risk,” he said.

He was taken to Bispebjerg Hospital where he was treated for wounds on his hands and legs. Later, he suffered complications including internal bleeding and pain walking, meaning he was unable to work for three weeks.

He informed Wolt of the incident but was told he did not qualify for the company’s insurance because of the nature of his injuries, he said.

“I informed the insurance of Wolt where I worked that I had an accident. The insurance sent me a reply that the accident cannot be insured.”

The reasons given were that his injuries were not severe enough, he did not stay overnight in hospital and did not incur medical expenses over 70 euros.

Poudel added: “Now my leg is getting better and the wound on my hand is also getting better. Chest pain has reduced a lot. I am taking medicine. I am looking for an easy job. I will now have problems paying rent and eating, because for three weeks or more I was jobless.”

Mahendra Poudel was injured during a courier job for Wolt. Photo: private

In a written comment to The Local, a spokesperson for Wolt said that it did not agree with the AES decision over its drivers’ right to compensation and confirmed it appealed.

“We do not agree with the interpretation of the relationship between the courier partner and Wolt upon which the decision is based,” the company said.

“We believe in general that the courier partners should be considered self-employed”, it said, citing a number of features of the work including that “they decide themselves when, where and which delivery services they want to provide for Wolt”.

“The majority of our courier partners value this freedom and flexibility, which comes with being self-employed,” it said.

Wolt noted it is now awaiting the next step in the appeals process. “For now we do not have other comments”, the spokesperson told The Local.

Over half of Wolt’s couriers in Denmark are foreign nationals according to the company’s website. Of the 4,000 couriers attached in Denmark, around 45 percent are Danes, with 35 percent from other EU countries and 20 percent from the rest of the world.

Poudel said he was shocked by the lack of coverage for his injuries and losses after his accident.

“I never imagined that there would be no accident insurance,” he said.

“It will take years to fight the case in court but for the poor workers like us, whether we win or lose, there is no justice,” he said.

“Delay in justice is also a kind of injustice for us poor people. Now I’m kind of stuck. Somewhere in depression. Because I have no work to do,” he said.

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WORKING IN DENMARK

How will Denmark’s new rules on recording working hours affect you?

From July this year, all people working in Denmark will have to document any deviations from their agreed working hours. Here's how it's going to work.

How will Denmark's new rules on recording working hours affect you?

On January 23rd, Denmark’s parliament voted through a law that, among other things, requires all Danish employers to introduce a working hours registration system that makes it possible to measure the daily working hours of each individual employee. 

The requirement, which comes into force on July 1st, implements a 2019 judgement of the EU Court, which stated that all member states needed to bring in laws requiring employers to record how many hours per week each employee is working.

The bill is built on an agreement reached on June 30th last year between the Confederation of Danish Employers, the Danish Trade Union Confederation, and Denmark’s white collar union, the Danish Confederation of Professional Associations. 

Will everyone working in Denmark now need to keep a detailed record of the hours they put in each day? 

No. Workers will only need to register any deviations from the working hours they have already agreed or been scheduled. So long as they stick to their scheduled hours, they never need to open the app, website, or other time registration system their organisation has set up. 

If they have to come in early for an interview, however, or do a bit of preparation for a meeting the next day in the evening, they will be expected to log those extra hours. 

Similarly, if they pop out for a dentist’s appointment, or to get a haircut, those reductions in working hours should all be noted down. 

What do employers need to do? 

All employers need to set up and maintain a detailed record of the actual hours worked by their employees, but the law gives them a lot of flexibility over how to do this, insisting only that the record be “objective, reliable and accessible”. 

They could do it in the old-fashioned way using a shared Excel spreadsheet, or, as most probably will, use an app such as Timetastic from the UK, ConnectTeam from the US, or Denmark’s zTime or Timelog.

To make it easier for their employees, employers can fill their scheduled hours into the time registration system in advance, so that workers only need to make a log of any deviations.  

Under the law, employers are required to keep these records for five years.

Employees empowered to set their own schedule — so called self-organisers — are exempt from the law, but as the law states that such people should be able to reorganise their own working time “in its entirety” and that this power should be enshrined in their contracts, this is only expected to apply to the most senior tier of executives. 

Who will be able to see my working hours? 

Each employee should only have access to their own data, which is covered by the General Data Protection Regulation (GDPR), and should not be able to see a detailed record of hours worked by their colleagues. 

Managers, however, will have access to the working hours records made by their subordinates. 

Will the legislation put limits on how many hours I can work? 

Yes, but in theory those hours already are limited for almost all employees by collective bargaining agreements. 

The new rule is intended to make sure that employees do not work more than 48 hours per week on average over a period of four months, the minimum standard under EU law, known as the 48-hour rule.

People in certain professions can, however, work longer than the 48-hours if they are covered by a so-called “opt-out”. 

Won’t it just be an additional hassle? 

The Danish Business Authority, the government agency which is supposed to support businesses in Denmark, estimates that keeping the time registration system up to date will only take between one to three minutes of employees’ time. 

In addition, it estimates that as much as 80 percent of employees in the country already keep a record of their time. 

Henrik Baagøe Fredelykke, a union official at Lego, said in an article on the website of the HK union, that he believed that the records could serve as an “eye-opener” about unrecorded overtime. 

What was crucial, he said, was that the system was used primarily to ensure that there was no systemic deviation from working hours and not to police employees. 

“It must not be used for monitoring by the management, who can come and say ‘whoa, why didn’t you work 7.4 hours yesterday?’,” Fredelykke said.

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