Anyone claimed against a company based in Denmark?

#1
This is a bit of a long-shot asking here, but its amazing just how extensive the collective Arrse experience is!


I work for a prominent Danish company, but based in a far-away non-EU country. Sadly, its all gone sour over remuneration issues, and so I need to take legal action against the company - or least start proceeding in order to force them to the table to settle.

I need something like an employment tribunal (I've never used a UK version) or the equivalent of the UK Small Claims Court (which I've used successfully several times in UK).

I just wondered if anyone had experience of this sort of thing in Denmark, and could give me a few leads? I know one or two Arrsers are based in DK, and that others have worked for DK entities. Even a good DK lawyer recommendation would be appreciated.
 
#2
Wouldnt be a 3 letter Company would it which sounds like it should be supplying tents etc??!!!
 
#3
Hi mate

Employment law in DK is not that powerful, they tend to use unions. The way you can be fired here is amazing and you can fire people for almost no reason (flexible market they call it).

I've seen many fired here for bad reasons and very very few apeal or seem to fight.

Rich
 
#4
Strange; I would have thought all of the Scandinavian countries would have been leading up front on the EU employment rights side.

Looks like I'll just have to find a decent Danish lawyer and have the case appraised.
 
#5
Hi mate

Employment law in DK is not that powerful, they tend to use unions. The way you can be fired here is amazing and you can fire people for almost no reason (flexible market they call it).

I've seen many fired here for bad reasons and very very few appeal or seem to fight.

Rich
Really? May I ask which branch you're in? I will agree that most people will take any case involving unfair dismissal, breach of employment contract etc. to their union, who will then take it further (to the courts for example).


Are/were you actually an employee of the company concerned? Or were you an external 'consultant'? If an employee, were you hired in Denmark to work in the far away country? Or hired directly in the country in which you were working?

I've been lucky enough to have avoided any major issues with any of my employers over the years, so can't give any personal recommendations. These guys may be worth contacting though: Advokatfirma Christian Harlang - Ansættelsesret

This is a quick Google translate from their webpage:

employment law
The law firm has more than 30 years of experience with cases in employment and labor law issues, and stay permanently updated with developments.

We provide advice and representation to individuals and businesses, etc. Lawyer Christian Harlang has led and won numerous cases in the area.
Both employees and employers have good reason to be aware of the rules of employment.
Many lawsuits before the Danish courts due to disagreements between an employee and an employer.

When an employment relationship has lasted over one year, is in most cases of recruitment in the Danish labor requirement of objective justification for dismissal.
If a dismissal is deemed to be unfair, this implies typically a right to compensation, the amount calculated from the employee's monthly salary.
Stricter requirements for when an employer is entitled to bring the employment relationship to an end with immediate effect (other view).

If an employment contract or an employment contract does not comply with the law may result in claims for compensation, which typically amounts to between 10,000 and 25,000, but as the circumstances may result in much higher requirements.

Other issues that often raise questions or dispute:
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Customer, competition and non-solicitation clauses.
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Monitoring in the workplace - how far can an employer go?
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Health Information - when they must be obtained, and for what purposes?
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Discrimination Prohibited: Disability, age, gender, religion, etc.
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Fixed-term appointment
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Proper holiday and commission payments in connection with the dismissal.
 
#6
Hi Tartan

I cannot say who I refer to but can say its one of Denmarks biggest employees (6 years now) and my role as a manager was unfortunately firing people. I was quite surprised just how easy it was when compared to UK companies I worked when it came to layoffs. I found that you harldy had to put any sort of paperwork together and dismissal very easy. I also was involved in a few layoffs with relation to performance and I did not see requirements on things like warning, improvement plans etc. I do though hear that it is VERY different in the government sector which is very protected, but in the private world it seems quite easy.
 
#7
Unless the amount of money is significant (plus 50k GBP as a minimum) then forget it: the cost of legal representation will soon eat up any money owed to you. This is what they are counting on (I know this as I've had the dubious pleasure of suing several entities across borders in the EU).

Try and reach a settlement through negotiation first then if that fails move on and take your revenge by stealing all their clients and sending explosive and biological devices to their HR Director and CEO through the post. They will then offer to settle as their HQ building is reduced to rubble and the few survivors have black death boils erupting over their bodies.
 
#8
The basic claim is for about Euro 30k of remuneration not delivered, although, without going into detail, a decent lawyer should be able to expand that to include some sort of severance and compensation for the particular circumstances.

I'll drop a brief to T_Ts web lead; funnily enough their address happens to be quite close to the HQ of the company I wish to claim against!
 

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