Discontinuation of a specific assignment did not result in the expiry of the fixed-term employment - notice of termination and prior consultation were still required
On 20 February 2026, the Danish High Court (Østre Landsret) ruled on a case concerning the termination of a fixed-term and task-limited salaried employment relationship with the Danish Ministry of Defence Personnel Agency (Personelkommandoen) upon the discontinuation of a temporary infection-tracing task.
The case concerned an employee who, as part of the COVID-19 response, had been employed in a call centre, where he worked in the infection-tracing unit. In May 2021, his employer informed him that his employment would be terminated without further notice as of 31 August 2021, as the Danish Home Guard’s contribution to the infection-tracing initiative had been discontinued.
The employee argued that he primarily worked in the call centre (a hotline) - and not solely in the infection-tracing unit - and that termination prior to the discontinuation of his principal duties therefore required formal notice of termination in accordance with the Danish Salaried Employees Act.
The High Court: The employment was not limited to infection tracing
The Danish High Court emphasized that the employment contract only referred to work in the call centre, and that at the time of hiring the call centre handled both hotline and infection-tracing tasks. The Court alsoemphasised that the employee was only informed after the commencement of employment that he would be assigned to the infection-tracing unit.
In addition, the Court noted that employees in the infection-tracing unit had, to a significant extent, been trained for and involved in general call-centre duties.
Based on these facts, the High Court found that the employment was not limited to the infection-tracing task. As the call-centre work continued after 31 August 2021, the situation did not constitute an expiry of contract. Consequently, a valid termination required both notice of termination in accordance with the Salaried Employees Act and a prior consultation with the parties.
As no such notice of termination had been given in accordance with the Salaried Employees Act, the employee was awarded compensation corresponding to three months’ salary and holiday allowance.
Littler’s Comment
The judgment highlightsthe importance of ensuring that a fixed-term employment contract linked to the completion of a specific task clearly specifies the task in question.
If this is not stated with sufficient clarity, the employer risks that the termination will not be regarded as an expiry of contract, which may instead mean that formal dismissal with the relevant notice period is required.
Questions regarding this article and the applicable legal framework may be directed to Attorney Christian Bonne Rasmussen at
Disclaimer: This article is not and cannot replace legal advice.
