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 last quarter of 2025 below and find the full guide on Littler.com.
Injury Sustained while Traveling from Home to Work was not Covered by the Danish Workers’ Compensation Act
In a November 5, 2025, decision, the Danish Supreme Court held that a resource teacher was not entitled to compensation under the Danish Workers’ Compensation Act for injuries sustained in a traffic accident while commuting from home to work. Although her permanent workplace was a municipal office in another city and she frequently worked at various institutions or from home, the Court reaffirmed that commuting injuries are generally not covered unless the employer’s business or the employment relationship directly influences the transportation.
The Court found that her voluntary preparation work at home—checking emails, reviewing her calendar, and reading a draft report—did not transform the subsequent commute into work-related travel. As a result, the Supreme Court concluded she was not covered by the Act at the time of the accident.
Labor Court Holds Collective Bargaining Agreement Did Not Justify Lower Salary for Temporary Worker
On November 3, 2025, the Danish Labor Court held that a temporary hospital worker was entitled to back pay after being paid less than regular employees without receiving compensatory benefits. Under the Danish Temporary Agency Workers Act, temporary workers must generally receive the same essential working conditions as permanent employees. While an exception applies when an employer is covered by a nationwide collective bargaining agreement, the Court clarified that such an agreement must still ensure the general protection of temporary workers.
The agency argued that the mere applicability of the collective agreement justified the lower salary. The Court disagreed, ruling that temporary workers must receive compensatory benefits when their terms are less favorable than those of regular employees. Because the agency provided no such compensation, the worker was awarded back pay.
EU Court of Justice Holds Countries That Rely on Collective Bargaining Agreements to Determine Wages Not Required to Follow EU Minimum Wage Directive
On November 11, 2025, the Court of Justice of the European Union ruled on Denmark’s challenge to the EU Minimum Wage Directive—the first time Denmark contested an EU directive for exceeding EU legislative authority. Denmark argued that the directive’s requirements conflicted with its national wage‑setting model, which relies exclusively on collective bargaining rather than statutory minimum wages.
The Court upheld the directive overall but annulled portions of Article 5 that required member states to follow specific procedures when setting minimum wages. As a result, countries such as Denmark that rely on collective bargaining are not required to change their wage‑setting systems.
The ruling diverged from the Advocate General’s opinion, which had recommended full annulment of the directive.
Termination with Shortened Notice under the 120-day Rule
In a November 25, 2025, decision, the Danish Supreme Court confirmed that employers may terminate an employee with shortened notice under the 120‑day rule of the Danish Salaried Employees Act only when the conditions are met, including e.g., the employee has received sick pay for 120 days, and the termination occurs immediately after the 120th sick day. The Court held that a notice issued after working hours on the 120th day satisfies this requirement.
Because the employees’ working hours were 8:30 a.m. to 3:00 p.m. and the termination notice was sent at 4:41 p.m. on the 120th day, the Supreme Court found that the statutory conditions were fulfilled, and the shortened‑notice termination was valid.
Read the full guide including employment law news from 44 key jurisdictions including but not limited to: the U.S, Angola, China, Croatia, Finland, Hungary, Israel, Peru, Poland, South Africa, Ukraine, Thailand, and the United Arab Emirates, in Littlers newly launched Global Guide Quarterly.
