Littler Global Guide Quarterly 2026 (1) – Global Legal Updates
The Global Guide Quarterly (GGQ) is Littler’s quarterly newsletter offering updates on key labor and employment law developments across the Americas, APAC, and EMEA. Read the Danish news for the first quarter of 2026 below and find the full guide here: The Global Guide Quarterly (Quarter 1, 2026) | Littler.
Arbitration Rulings Expand Overtime Pay Rights for Part-time Employees
Precedential Decision by Judiciary or Regulatory Agency
On February 4, 2026, two arbitration rulings changed the legal framework for overtime pay for part-time employees under Danish collective bargaining agreements in both the industrial and public sectors. According to prior case law, part-time employees did not receive overtime pay for hours worked beyond their agreed schedules but below the full-time threshold set in the applicable agreement. Overtime pay was only triggered once the full-time norm was exceeded. The arbitrators found that this approach was incompatible with the EU Part-time Work Directive.
The arbitrators held that the prior approach constituted unlawful differential treatment, as part-time employees were treated less favorably than comparable full-time employees. As a result, the rulings apply retroactively to January 20, 2000, when the directive should have been implemented in Denmark. In principle, part-time employees may claim back pay for unpaid overtime supplements dating back to that time. However, limitation rules and individual circumstances may restrict the recoverable period.
Termination of Employee with Long-term COVID-19 Effects Constituted Disability Discrimination
Precedential Decision by Judiciary or Regulatory Agency
On February 3, 2026, the Danish High Court ruled that the termination of an employee with long-term effects of COVID-19 constituted unlawful disability discrimination under the Danish Non-Discrimination Act. The employee had experienced persistent symptoms, including fatigue and reduced work capacity, and had worked part-time for approximately 16 months before her employment was terminated as part of a redundancy process.
The High Court found that the employee’s condition constituted a disability, as it resulted in a long-term impairment affecting her ability to work on an equal basis with others. It further held that the employer knew or should have known of the employee’s condition. Because the employer had failed to demonstrate that reasonable accommodation had been considered prior to the termination, the dismissal was deemed discriminatory. The employee was awarded compensation equivalent to nine months’ salary.
Draft Bill Published to Implement EU Pay Transparency Directive
Proposed Bill or Initiative
On February 26, 2026, the Danish Ministry of Employment published a draft bill to implement the EU Pay Transparency Directive and opened it for public consultation until March 27, 2026. The draft bill contains provisions that require employers to use pay structures which ensure equal pay. These structures are not intended to determine pay, but rather to enable the assessment of whether employees are in a comparable situation with regard to the value of their work, based on objective, gender-neutral criteria.
According to the legislative notes, it is ultimately the employers’ responsibility to determine which employees perform the same work or work of equal value, provided gender-neutral criteria are applied. The draft bill would also require disclosure of starting salary or salary ranges and applicable collective bargaining provisions to job applicants, while prohibiting inquiries into applicants’ current or prior salary.
In addition, employees would gain the right to request information about their own pay and average pay levels, disaggregated by gender, for comparable roles. If adopted, the legislation is expected to enter into force on January 1, 2027, with gender pay reporting obligations for employers with at least 100 employees commencing on September 1, 2028.
Read the full guide including employment law news from 42 key jurisdictions including but not limited to: the USA, Austria, China, Croatia, Finland, Hungary, Israel, Poland, South Africa, Ukraine, United Arab Emirates, and Zambia, in Littlers newly launched The Global Guide Quarterly (Quarter 1, 2026) | Littler.
