Littler Global Guide Quarterly – 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 the year below, and find the full guide on The Global Guide Quarterly (Quarter 3, 2025) | Littler

Court Clarifies Scope of Temporary Agency Work

On August 19, 2025, the Labor Court issued a ruling that clarified the definition of “temporary” under the Danish Temporary Agency Work Act. The case centered on whether a worker—whose contract had been extended four times —could still be considered a temporary agency worker and thus fall within the scope of the Act.

The Court concluded that the worker was indeed posted on a temporary basis, despite the repeated extensions. It emphasized that the nature of the company’s operations, marked by significant fluctuations and unpredictability, justified the temporary classification. Notably, the worker had performed duties during the COVID-19 lockdown, a period that underscored the company’s volatile activity levels.

Supreme Court: Employer Held Liable for Work Accident During Lifeboat Exercise

On September 26, 2025, the Supreme Court assessed whether an employee injured during a lifeboat drill on a drilling platform in the North Sea was eligible for additional compensation under the Danish Liability for Damages Act. The incident was recognized as a work-related accident under the Danish Workers’ Compensation Act. The employee filed a claim against the company for additional compensation under the Danish Liability for Damages Act, arguing that the exercise had not been organized in a sufficiently safe manner.

The Supreme Court found that the employer had acted negligently, because the risks associated with the drill had not been sufficiently mitigated. Although the Supreme Court applied the general negligence standard, it assessed the employer’s liability considering obligations under occupational health and safety legislation, including the requirement to minimize risks as much as it is reasonably practicable. The court emphasized that launching the lifeboat in free fall from a height of approximately 45 meters posed a clear risk of injury, and that the drill – which was not performed in an actual emergency – could have been carried out in a less risky manner. It was also unnecessary for the employee to sit in the forward-facing captain’s seat, which was more exposed.

The Supreme Court ruled that the employer was liable for the injury and that the case could proceed in the district court regarding the calculation of the claim.

New Business Immigration Program Aims to Ease Labor Shortages

On June 30, 2025, the Danish Government introduced a political agreement to implement a new business immigration program, aimed at facilitating the recruitment of qualified labor from selected non-EU countries by Danish enterprises.

A central feature of the initiative is the adjustment of the statutory minimum salary that foreign nationals must be offered to obtain residence and work permits in Denmark. For employment arrangements covered by the new business program, the annual salary threshold will be decreased from DKK 514,000 to DKK 300,000.

The program is geographically limited to workers from the following 16 non-EU countries: the United States, the United Kingdom, Singapore, China, Japan, Australia, Canada, India, Brazil, Malaysia, Montenegro, Serbia, North Macedonia, Albania, Ukraine, and Moldova.

The program has not yet been adopted or proposed and the actual wording of the legislation has not yet been determined. The Ministry of Employment has assumed that the program will take effect on October 1, 2026, but the proposed effective date may change when the bill is presented.

Read the full guide including employment law news from 45 key jurisdictions including, but not limited to: the U.S., Angola, Belgium, Colombia, Denmark, Gabon, Indonesia, Kenya, Malaysia, Peru, South Africa, Switzerland, and Vietnam, in our newly launched The Global Guide Quarterly (Quarter 3, 2025) | Littler