Financial Crime World

Unfair Dismissal of White-Collar Employees Entitles to Compensation in Denmark

In Denmark, white-collar employees who have been employed for at least one year and are dismissed without just cause are entitled to compensation. This is a crucial aspect of labor law in the country, ensuring that employees are protected from unfair dismissals.

Mandatory Employment Benefits

Danish law requires certain mandatory benefits for employees, including:

Leave Entitlements

  • Five weeks’ holiday per year, regardless of whether the employee has earned paid holiday
  • Paid holiday entitlement equal to 2.08 days per month of employment in a calendar year
  • Full salary, including bonus, during sick leave
  • Half pay during four weeks of pregnancy leave and 14 weeks of maternity leave for female employees

Employing Foreign Nationals

To employ foreign nationals in Denmark, businesses must comply with certain requirements, which depend on the nationality of the employee. This includes:

EU/EEA, Swiss, and Nordic Country Citizens

  • Exempt from residence and work permit requirements

Non-EU/EEA Nationals

  • Typically require a residence and work permit
  • However, those in professional fields with a shortage of qualified professionals may have easier access to these permits, provided they have a written job offer or employment agreement and meet Danish salary and employment standards

Protection of Innovations and Inventions

Fintech products are protected by various intellectual property rights (IPRs) in Denmark, including:

Copyrights

  • Automatically arise with the creator(s) of the work

Design Rights

  • Vest with the natural person who created the design, unless otherwise agreed

Trademark Rights

  • Priority right belongs to the person or company that first registers the mark or acquires it through commercial use in Denmark

Patent and Utility Model Rights

  • National Danish patent or utility model can be obtained through national, international, or European applications

Ownership of IP

In Denmark, ownership of IP typically vests with the natural person who created the work, unless otherwise agreed. However, certain exceptions apply:

Software Development

  • Copyright transfers to the employer if created as part of the ordinary course of business

Design Rights

  • Generally presumed to transfer to the employer upon creation during employment

Enforcing IP Rights

To protect or enforce IP rights in Denmark, it is typically necessary to own local/national rights. However, certain treaties and multi-jurisdictional rights may apply:

Copyrights

  • Protected through national registration or international treaty agreements

Designs

  • Can be registered nationally or through the European Union Intellectual Property Office (EUIPO)

Trademarks

  • Can be registered nationally or through the EUIPO for EU-wide protection

Patents and Utility Models

  • Can be obtained through national, international, or European applications