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WORKING IN DENMARK

What does Denmark’s new law on recording working hours mean for foreigners?

From July 1st, all Danish employers are required to introduce a working hours registration system that makes it possible to measure the daily working hours of each individual employee.

What does Denmark’s new law on recording working hours mean for foreigners?
All Danish employees must now register working hours. Photo by Vitolda Klein on Unsplash

This means the return of a system some Danish workplaces may not have seen for years: a clock for punching-in when you arrive at work and leave to go home.

There may now be electronic systems in place instead of the old-fashioned cards, punches and stamps, but the point is that there will be tighter control on working hours.

The requirement implements a 2019 judgement of the EU Court, with Denmark’s version 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.

The primary intention of the EU law is enforce equal working conditions for all staff at companies – including foreigners such as EU nationals who might not be familiar with local practices – and to ensure standards such as the 11-hour rule which provides regular breaks.

It has been met with some skepticism in parts of the Danish labour market, where a culture of trust – present throughout Danish society – means many employers have not previously required their staff to record their working hours.

But removing this element of trust from an employer-employee relationship is a positive step according to the chairperson of trade union confederation 3F’s Aalborg section, Benny Vinther.

“If disagreements emerge related to wages, it will be a clear advantage for staff that working hours are now registered and you can look up the information,” he told broadcaster DR.

Under the new law, workers will need to register deviations from agreed or scheduled working hours and will also have to register interruptions to the working day if they need to, for example, pop out to the dentist or stay late to finish a presentation. 

Some 85 percent of Danish companies already have some form of system in place for registering working hours, according to data from the Confederation of Danish Industry (DI)’s construction and building department.

However, Vinther told DR that this nevertheless is a sign of room for improvement – and that people who lose wages when their hours are not properly registered are more likely to be foreign workers.

“It will now be easier for our members to be proved correct when they haven’t been paid as agreed,” he said.

“Both sides must approve how to register (hours) so you can’t really end up in an argument about whether it’s the right thing to do,” he said.

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

Employees empowered to set their own schedule — so called self-organisers — are exempt from the law, but 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. As such, this is only expected to apply to senior executives in practice. 

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WORKING IN DENMARK

Denmark proposes foreigners given obligatory work for welfare benefits

Foreign residents of Denmark who do not fulfil certain criteria related to their length of stay and employment record could be required to perform obligatory work to receive welfare, according to a government proposal.

Denmark proposes foreigners given obligatory work for welfare benefits

In a statement released by Danish residence permit agency SIRI, the government confirmed that its proposal to introduce obligatory work for certain people within the social welfare system had now been formally tabled and sent to the hearing stage.

That means public organisations and other entities have a certain amount of time to provide input, objections or comments on the proposal before it enters the formal process of being voted on and adopted in parliament.

The proposal itself is based on an October 2023 political agreement between the coalition government and the far-right Denmark Democrats and Danish People’s Party.

READ ALSO: Danish government to introduce obligatory work for welfare benefits

In the agreement, the government says it has agreed with the other two parties to “introduce compulsory work for all persons in the social welfare [Danish: kontanthjælp, ed.] system who do not fulfil the requirements of living in the kingdom [Denmark, ed.] for at least 9 of the last 10 years and full-time employment for at least 2.5 of the last 10 years”.

This means that, to avoid being affected by the proposed obligatory work rule, you must have lived in Denmark for at least 9 of the last 10 years and must have been in full-time work for at least two years, six months of that period.

While the proposal has some way to go before being adopted in parliament, the agreement with the two right-wing opposition parties gives it majority backing.

READ ALSO: EXPLAINED: How a new law gets made in Denmark

The obligatory work would comprise 37 hours per week and be “continual”, and can consists of various forms of work including voluntary work, work placements or something resembling a regular work schedule, the SIRI statement said.

Fulfilling the work obligation would allow migrants to receive the basic form of unemployment benefit, kontanthjælp.

The proposal asks that “municipalities should always structure the work effort based on the individual person’s circumstances and health”, SIRI said.       

It is expected to be phased in gradually during 2025, initially to persons receiving the lower welfare benefit given to some refugees under integration laws [selvforsørgelses-, hjemrejse- og overgangsydelse] and then broadened to others who do not meet the stated criteria.

Around 22,000 persons in total could eventually be affected by the rule, according to the text of the October 2023 agreement.

The agreement text says that “too many foreigners, especially women with non-Western background” are not engaged on the labour market and that the proposal seeks to address this.

The obligatory work “will also help break negative social control” which prevents some women from seeking jobs, it also argues.

“We want to send a very clear signal together that when you come to Denmark, we expect something of you, and that you should work if you can,” Employment Minister Ane Halsboe-Jørgensen said in October 2023 when the political agreement was announced.

Halsboe-Jørgensen’s Social Democratic party has previously faced concerns from other parties that the measure could squeeze others out of unskilled jobs.

“It is fenced into our agreement that this should not replace anything people are already doing today. It should naturally be mostly a stepping stone to a real job,” Halsboe-Jørgensen said last year.

“It is up to municipalities to look at their areas and see what needs to be done,” she said.

 

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