If you get dismissed | IDA English

If you have been dismissed, or fear you may be, call IDA. We will make sure that your rights according to the law, your employment contract and your collective agreement are respected.

Here, you can learn more about your rights and how to move on after a dismissal at work.

What should I do if I get dismissed?

When you receive a notice of termination, you can safely confirm that you have received it from your employer. Your signature does not mean that you agree with the termination.

If, on the other hand, you receive a severance agreement, do not sign it until you have received legal advice from IDA.

Whether you have received a notice of termination or a severance agreement, IDA is happy to help you with individual advice on your situation.

If you are a public servant (tjenestemand) and are terminated, please contact IDA for individual advice on your employment rights.

What can I get dismissed for?

If you are dismissed, it can either be due to your employer's circumstances or your own.

Termination due to your employer's circumstances can be:

Downsizing or cost-cutting
Bankruptcy (read more about your options in bankruptcy)
Restructuring in the company

Termination due to your circumstances could be

You don't have the necessary skills to do the job
That you are the cause of co-operation difficulties
Being late or not performing your duties properly
You are disloyal to the employer
You have too many sick days (read more about the 120-day rule)

When is a notice of termination valid?

A notice of termination is effective from the time it reaches the recipient, whether or not you read the notice.

This principle may be waived in very exceptional circumstances. For example, the employer could be well aware that you are away on a business trip when the letter/email is sent.

What does the notice of termination have to contain?

If you are a private sector employee, a notice from your employer can be either verbal or written, but to avoid disputes about when the notice was given, most employers will choose to give a written notice.

If you are a public sector employee, the termination must be in writing and state unequivocally that you have been terminated.

There are minor differences between the requirements for notices of termination in the private and the public sector:

For private sector employees: There are no requirements as to the content of the notice, except that it must state clearly and unambiguously that you have been dismissed and must resign from your post after a period which is at least equal to your notice period. In addition, you may request a written statement of the reasons for the dismissal.
For public sector employees: You must also be given written reasons for the termination. This must refer to the relevant rules and state the reason for the termination. As a public sector employee, you also have the right to a hearing. This means that you can express your opinion in writing on the grounds for the dismissal.

What is my notice of termination if I get dismissed?

Your notice is stated in your contract or collective agreement.

If your employment is covered by the salaried employees' act (Funktionærloven), you seniority determines how long your notice period is:

Employed for 0-6 months: 1 month (notice must be given before the end of the 5th month of employment)
Employed for 6 months-3 years: 3 months (notice must be given before the end of 2 years and 9 months of employment)
Employed for 3-6 years: 4 months (notice must be given before the end of 5 years and 8 months of employment)
Employed for 6 years - 9 years: 5 months (notice must be given before the end of 8 years and 7 months of employment)
Employed for more than 9 years: 6 months (notice given after 8 years and 7 months of employment)

If a mutually extended notice period is agreed in the employment contract, the employer must respect it.

What is my notice period if I'm dismissed during my probationary period?

If you are employed on a probationary basis, the employer's normal notice is 14 days if you are dismissed and resign before the end of the probationary period. However, there are a number of conditions that must be in place for the employer to terminate you with this short notice period:

The probationary period is agreed to be a maximum of 3 months long.
The probationary period is agreed in the employment contract.
The notice of termination is given early enough in the probationary period so that you resign before the end of the probationary period.

When can I be released from my duties if I'm dismissed?

Being released from your duties (fritstilling) means that you keep your salary and employee benefits during the notice period, but you don't show up for work or fulfil your usual duties. It is your employer who decides whether you should be released or not. Therefore, you cannot demand to be released when you are dismissed.

During the release period, you can take on new work, but it must not be with competing companies, as you are still bound by your duty of loyalty to your employer during the release period.

If you find new non-competing work during the release period, you may be entitled to double pay, but this depends on when you start the new job and how long your release period is. If your release period is 3 months or less, you will be entitled to double pay for the entire period. If your release period is longer than 3 months, your employer is entitled to deduct the salary beyond the 3 months from the income you receive from your new employer.

If you are released, it follows from the rules of the Holiday Act that you take as much of your accrued holiday as possible during the release period. Your employer does not need to inform you of this. However, IDA always recommends that you negotiate your terms so that you do not have to use your accrued holiday during the period you are released. IDA can also negotiate your severance agreement so you get the best possible terms.

IDA believes that you have the right to be released if your duties are taken away from you. For example, if your employer makes an organisational change where your position is abolished, they cannot assign you new tasks during the notice period if they are outside your normal area of responsibility.

When can I be suspended from my job?

Unfair dismissal

If you have been dismissed for a reason you do not believe to be legitimate, or for other reasons you disagree with, you should consider whether the dismissal is unfair.

If this is the case, you may be entitled to financial compensation, especially if you have been employed for a long time.

Legal advice and security

Your rights if you get dismissed