Legal Advice and Security

Termination from employment in Denmark

When can your employer let you go? How long is your notice period? And can you be released with immediate effect? Find out more about your rights if you are terminated from a Danish workplace.

If you are terminated from your position, you should always contact IDA so we can advise you and ensure that your rights are upheld.

What should I do if I am terminated from my position?

When you receive a notice of termination from your employer, it is fine to sign it. Your signature does not mean that you agree to the termination, but merely that you have received it.  

If you do receive a severance agreement, do not sign it until you have had the help of an IDA legal adviser to review it.  

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

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If you are employed as a public servant (tjenestemand) and are terminated, we encourage you to contact us so that we can advise you individually on which rules apply to your particular employment.

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What can I be terminated for?

If you are terminated, it can either be due to reasons related to your employer or to yourself.  

Termination due to the employer's circumstances can be:

Termination due to your circumstances can be:  

  • That you do not have the necessary skills to handle the job 
  • That you are to blame for cooperation difficulties 
  • That you arrive late or do not carry out your tasks properly  
  • That you are disloyal to the employer 
  • That you have too many sick days (read more about the 120-day rule) 

When does the termination come into effect?

A termination is effective from the time you receive it, regardless of whether you read the termination or not. 

This principle may be waived in special circumstances. It could be, for example, that your employer is aware that you have traveled away in connection with your job when the letter/email is sent.

What should be written in the notice of termination?

As a private sector employee, you can be given notice both verbally and in writing, but the employer will almost always give you written notice of termination.

If you are a public sector employee, the notice of termination must always be in writing.

There are slight differences in what must be stated in the notice of termination for private and public sector employees, respectively:

  • Private sector employees: There are no requirements for the content of the notice of termination, except that it must be clearly and unequivocally stated that you have been terminated and must resign from your position after a period of time that at least corresponds to your notice of termination. In addition, you can demand a written reason for the termination.
  • Public sector employees: It must be clear from the notice of termination that you have been terminated. There must also be a written justification for the termination, where reference is made to the relevant rules and where the reason for the termination is stated. As a public sector employee, you have the right to be consulted prior to an intended termination. This means that you must have the opportunity to express yourself in writing about the basis for the termination.

How long notice do I have at my job if I am terminated?

Your notice of termination is in your employment contract or collective agreement.

If you are covered by the Civil Service Act (Funktionærloven), your notice of termination depends on how long you have been employed. The same notice lengths from the Civil Service Act also apply to public servants:

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

If you and your employer have agreed on a mutually extended notice of termination in the employment contract, where the notices in the Civil Service Act are extended for both parties, the employer must respect it.

What is my notice of termination if I am fired during the probationary period?

If you are employed with a probationary period, the employer's notice of termination is 14 days during 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: 

  • that the trial period is agreed to be a maximum of 3 months long.
  • that the probationary period is agreed in the employment contract. 
  • that the termination is notified so early in the trial period that you resign before the end of the trial period.

When can I be released from my job if I am terminated?

Being released from one's duties (fritstillet) means that you keep your salary and employee benefits during the notice period, but that you do not show up for work or perform your usual tasks. It is your employer who decides whether you should be released from your duties or not. You cannot therefore demand to be released when you have been given notice.

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

If you find new non-competing work during the release period, you may be entitled to double pay, but it 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 unemployment period is more than 3 months, your employer is entitled to set off the salary in addition to the 3 months in the income you receive from your new employer.

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

It is IDA's opinion that you have the right to be released if your work tasks are taken away from you. If your employer makes an organizational change where your position is abolished, for example, they cannot assign you to solve new tasks during the notice period if they are outside your normal area of ​​responsibility.

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When can I be suspended from my job?

If you are terminated, your employer may choose to suspend you during the notice period.

If you are suspended, you do not have to show up at work every day, but you must still be available to your employer if necessary. Therefore, you must make an agreement with the employer if you take a holiday during the suspension period, and you must report sick if you cannot work.

It is important that you agree on clear guidelines for when and how your employer can contact you during the suspension period, because you do not have to be available all the time.

If you have been suspended, this means that:

  • You do not have to come to work every day, but you must be available if the workplace needs it.
  • You keep your salary and your benefits such as telephone and company car.
  • Suspension does not affect your holiday, which must be notified as usual.
  • You can be employed in a new place - without the salary being offset, as long as it does not conflict with your duty of loyalty and your duty to be available.

When can I be instantly terminated from my job?

You can be instantly terminated from your job if your employer believes that you have significantly breached your obligations in the employment relationship. This can be, for example, in the case of: 

  • Theft 
  • Disloyalty 
  • Violations 
  • Illegal absence from work 

Being instantly terminated means that the employment relationship – and thus the salary payment – ​​stops immediately. It is therefore a very serious matter to be instantly terminated, and you must always contact IDA for further clarification of your situation.  

If you disagree with the termination, you must protest to your employer as soon as possible and contact IDA.  

If the instant termination is unjustified, you are entitled to compensation corresponding to the salary during your notice period, and if the situation that led to the termination could not have justified a valid instant termination, you will also be entitled to compensation for unfair termination. However, it is a requirement that you have been employed for at least 1 year at the time of instant termination.  

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Can I start a new job during my notice period if I have been fired?

The starting point for a notice period is that you must come to work and carry out your usual tasks during the notice period. Therefore, you cannot start a new job during the notice period if you have been given notice.  

During the notice period, you have the opportunity to go to job interviews during working hours. However, you must not spend working time writing job applications, updating your LinkedIn profile and the like.  

If you have been released from your duties, you can take on other non-competitive work during the notice period. In certain cases, it will have been agreed with your current employer that you can receive double salary throughout the period, but otherwise your employer will be able to offset the salary from that work in the salary payments.  

If you have been suspended, you may undertake other non-competitive work during the notice period. However, you can only take on other work during the notice period if you agree with your new employer that you can be given time off to fulfill your availability obligation. In that case, you can receive double salary during the notice period.

When is a termination unjust?

A termination is unjustified if it is not justified by factual circumstances on the part of the company or yourself. It is you who must bear the burden of proof that the reason for your termination is unjustified.

You are not entitled to have the termination withdrawn if it is unjustified, but you may be entitled to financial compensation if you have been employed for 1 year or more at the time of termination.

If you are given notice, you must always contact IDA, who can help make a concrete assessment of your case and advise you on how to react.

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Can I be terminated because of my age?

It will be unjustifiable if you are dismissed because of your age. It rarely appears from the termination itself that you are being terminated due to age, and therefore you must be able to demonstrate factual circumstances that give reason to believe that the termination is due to your age. This could be the case, for example, if you are dismissed in a larger round of redundancies, where the majority of those dismissed are older employees. In that case, the burden of proof falls on your employer, who then has to prove that the termination is not due to your age.

If you are employed on a collective agreement, it will be legal to agree in it that your employment will automatically end when you reach a certain age.

If you are terminated without just cause, you are entitled to compensation. Therefore, always contact IDA for legal advice if you are terminated.

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Can I be dismissed due to illness?

Illness is a legal absence that entitles you to full pay during the absence, but it does not mean that you are protected from being fired due to illness.

It may be reasonable for the employer to fire you due to illness if your sick leave has been long-term, if your sick leave has had a negative impact on operations, and if it is unclear at the time of termination when you will be able to return full-time.

If you are fired without just cause, you are entitled to compensation. Therefore, always contact IDA for legal advice if you are terminated. 

Read more about illness and absence 

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What is the 120 day rule and when does it apply to termination?

If you have been ill for 120 days within the last 12 months, you can be dismissed by your employer with one month's notice, regardless of how long you have been employed, if a number of conditions are met:  

  • You are ill at the time of termination.  
  • The termination takes place in immediate connection with the expiry of the 120 sick days.  
  • It is explicitly stated in your contract that you are covered by the rule.  
  • You are a private sector employee (public sector employees must be terminated with the usual notice).  

If even one of the conditions is not met, you are entitled to your normal notice of termination according to your contract. It will typically be the condition that the termination must take place in immediate connection with the expiry of the 120 sick days that have not been met, as the employer counts the sick days incorrectly. 

A termination that is justified in the 120-day rule will usually be valid. 

Read more about the 120 day rule

When am I entitled to severance pay?

You are entitled to severance pay according to the Civil Service Act if you are terminated after long and faithful service. Severance pay is calculated based on your length of service, and you are entitled to: 

  • 1 month's salary in compensation when you have been employed for 12 years at the time of termination.
  • 3 months' salary in compensation when you have been employed for 17 years at the time of termination.

The severance pay must be paid with the last month's salary, and it is calculated on the basis of your full salary package. 

You will not be entitled to the severance pay if you resign your position yourself, unless you counter-terminate your position. You will also not be entitled to the severance pay if you are justifiably dismissed. 

You may also be entitled to severance pay as part of your collective agreement at your workplace. 

Can I counter-terminate my position?

If you are given notice by your employer, you do not have the right to be released from your duties, and therefore you must continue to work throughout your notice period. If you resign yourself after being fired, this is a counter-termination, and then your own notice of termination of one month applies - unless you have agreed on a mutually extended notice of termination.  

You must send your counter-termination no later than the last working day of the month if it is to apply from the following month. The same rules apply to a counter-termination as to an ordinary termination.

Who are specially protected employees in the event of termination?

Your employer must treat all employees equally – also in a termination situation. This means that your employer must not attach importance to the following criteria in a termination. 

  • Your gender, e.g. that you are pregnant or that you are on/will be on leave 
  • Your ethnicity 
  • Your religion 
  • That you have a disability 
  • Your age
  • Your sexuality 
  • Your political beliefs 

You often also have special termination protection if you are elected as a trade union representative in accordance with a collective agreement.

If you are elected as an occupational health and safety representative at a company with a collective agreement, you have the same dismissal protection as the trade union representative. If there is no collective agreement at your workplace, you, as the elected occupational health and safety representative, only have the dismissal protection that white-collar workers have under the Civil Service Act. You can still be terminated, but the special dismissal protection consists in your employer having to lift the burden of proof that the termination is not wholly or partly due to, for example, you being pregnant or having a disability.   

If you are unfairly terminated, you are entitled to compensation. Therefore, you must always contact IDA for legal advice if you have been dismissed. 

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Get more advice in pdf

You can get more advice for termination of employment in this pdf.