Country report, gender equality : how are EU rules transposed into national law? : Denmark 2016.
Date: 2016-11-18
Institutions: Directorate-General for Justice and Consumers
Subjects: Denmark, age discrimination, anti-discriminatory measure, application of EU law, equal pay, equal treatment, gender equality, maternity leave, national law, parental leave, paternity leave, pension scheme, report, sexual discrimination, sexual harassment, social security

Denmark 

2016 

1 

 
 
 
 
 
 
EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality 
Unit JUST/D1 

European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Country report  

Gender equality 

How are EU rules transposed into 
national law? 

Denmark 

Christina D. Tvarnø 
Updated by Stine Jørgensen 

Reporting period 1 July 2015 – 1 April 2016 

Directorate-General for Justice and Consumers 

2016 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Luxembourg: Publications Office of the European Union, 2016 

ISBN 978-92-79-47023-3   

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© European Union, 2016 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - Gender equality – Denmark - 2016 

Contents 

1 

2 

3 

4 

5 

6 

7 

Introduction .................................................................................................. 6 
1.1  Basic structure of the national legal system .............................................. 6 
1.2  List of main legislation transposing and implementing Directives ................. 6 
General legal framework ................................................................................. 8 
2.1  Constitution .......................................................................................... 8 
2.2  Equal treatment legislation ..................................................................... 8 
Implementation of central concepts ................................................................. 9 
3.1  Sex/gender/transgender ......................................................................... 9 
3.2  Direct sex discrimination ......................................................................... 9 
3.3 
Indirect sex discrimination ..................................................................... 10 
3.4  Multiple discrimination and intersectional discrimination ............................ 11 
3.5  Positive action ...................................................................................... 12 
3.6  Harassment and sexual harassment ........................................................ 13 
3.7 
Instruction to discriminate ..................................................................... 15 
3.8  Other forms of discrimination ................................................................. 15 
Equal  pay  and  equal  treatment  at  work  (Article  157  TFEU  and  Recast  Directive 
2006/54) ..................................................................................................... 16 
4.1  Equal pay ............................................................................................ 16 
4.2  Access to work and working conditions .................................................... 19 
Pregnancy,  maternity,  and  leave  related  to  work-life  balance  (Directive  92/85, 
relevant provisions of the Directives 2006/54 and 2010/18)............................... 21 
5.1  Pregnancy and maternity protection ........................................................ 21 
5.2  Maternity leave ..................................................................................... 22 
5.3  Adoption leave ..................................................................................... 24 
5.4  Parental leave ...................................................................................... 25 
5.5  Paternity leave ..................................................................................... 30 
5.6  Time off/care leave ............................................................................... 30 
5.7  Leave in relation to surrogacy ................................................................ 30 
5.8  Leave sharing arrangements .................................................................. 31 
5.9  Flexible working time arrangements ........................................................ 31 
Occupational social security schemes (Chapter 2 of Directive 2006/54) ............... 34 
6.1 

Is direct and indirect discrimination on grounds of sex in occupational social 
security schemes prohibited in national law? ............................................ 34 
Is the personal scope of national law relating to occupational social security 
schemes the same, more restricted, or broader than specified in Article 6 of 
Directive 2006/54? Please explain and refer to relevant case law, if any. ..... 34 
Is the material scope of national law relating to occupational social security 
schemes the same. more restricted, or broader than specified in Article 7 of 
Directive 2006/54? Please explain and refer to relevant case law, if any. ..... 34 
6.4  Has national law applied the exclusions from the material scope as specified in 
Article 8 of Directive 2006/54? ............................................................... 34 

6.2 

6.3 

6.5  Are there laws or case law which would fall under the examples of sex 

discrimination as mentioned in Article 9 of Directive 2006/54? ................... 34 
Is sex used as an actuarial factor in occupational social security schemes? .. 34 

6.6 
6.7  Are there specific difficulties in your country in relation to occupational social 
security schemes, for example due to the fact that security schemes in your 
country are not comparable to either statutory social security schemes or 
occupational social security schemes? If so, please explain with reference to 
relevant case law, if any. ....................................................................... 35 
Statutory schemes of social security (Directive 79/7) ........................................ 36 
7.1 
Is the principle of equal treatment for men and women in matters of social 
security implemented in national legislation? ............................................ 36 
Is the personal scope of national law relating to statutory social security 
schemes the same, more restricted, or broader than specified in Article 2 of 
Directive 79/7? Please explain and refer to relevant case law, if any. .......... 36 

7.2 

3

 
 
7.3 

Is the material scope of national law relating to statutory social security 
schemes the same, more restricted, or broader than specified in Article 3 par. 
1 and 2 of Directive 79/7? Please explain and refer to relevant case law, if 
any. .................................................................................................... 36 
7.4  Has national law applied the exclusions from the material scope as specified in 
Article 7 of Directive 79/7? Please explain (specifying to what extent the 
exclusions apply) and refer to relevant case law, if any. ............................ 36 
Is sex used as an actuarial factor in statutory social security schemes? ....... 36 

7.5 
7.6  Are there specific difficulties in your country in relation to implementing 

8 

9 

Directive 79/7? For example, due to the fact that security schemes in your 
country are not comparable to either statutory social security schemes or 
occupational social security schemes? If so, please explain with reference to 
relevant case law, if any. ....................................................................... 36 
Self-employed workers  (Directive 2010/41/EU and some  relevant provisions of the 
Recast Directive) .......................................................................................... 37 
8.1  Has Directive 2010/41/EU been explicitly implemented in national law? ....... 37 
8.2  What is the personal scope related to self-employment in national legislation? 
Has your national law defined self-employed or self-employment? Please 
discuss relevant legislation and national case law (see Article 2 Directive 
2010/41/EU) ........................................................................................ 37 

8.3  Related to the personal scope, please specify whether all self-employed 
workers are considered part of the same category and whether national 
legislation recognises life partners. ......................................................... 37 

8.4  How has national law implemented Article 4 Directive 2010/41/EU? Is the 

material scope of national law relating to equal treatment in self-employment 
the same, more restricted, or broader than specified in Article 4 Directive 
2010/41/EU? ........................................................................................ 38 

8.5  Has your State taken advantage of the power to take positive action (see 

Article 5 Directive 2010/41/EU)? If so, what positive action has your country 
taken? In your view, how effective has this been? ..................................... 38 

8.6  Does your country have a system for social protection of self-employed 

workers (see Article 7 (Directive 2010/41/EU)? ........................................ 38 

8.7  Has Article 8 Directive 2010/41/EU regarding maternity benefits for self-

employed been implemented in national law? ........................................... 38 

8.8  Has national law implemented the provisions regarding occupational social 
security for self-employed persons (see Article 10 of Recast Directive 
2006/54)? ........................................................................................... 38 

8.9  Has national law made use of the exceptions for self-employed persons 

regarding matters of occupational social security as mentioned in Article 11 of 
Recast Directive 2006/54? Please describe relevant law and case law. ......... 39 

8.10  Is Article 14(1) (a) of Recast Directive 2006/54 implemented in national law 

as regards self-employment? ................................................................. 39 
Goods and services (Directive 2004/113) ........................................................ 40 
9.1  Does national law prohibit direct and indirect discrimination on grounds of sex 
in access to goods and services? ............................................................. 40 
Is the material scope of national law relating to access to goods and services 
more restricted or broader than specified in Article 3 of Directive 2004/113? 
Please explain and refer to relevant case law, if any. ................................. 40 

9.2 

9.3  Has national law applied the exceptions from the material scope as specified 
in Article 3(3) of Directive 2004/113, regarding the content of media, 
advertising and education? .................................................................... 40 
9.4  Have differences in treatment in the provision of the goods and services been 
justified in national law (see Article 4(5) of Directive 2004/113)? Please 
provide references to relevant law and case law. ...................................... 40 

9.5  Does national law ensure that the use of sex as a factor in the calculation of 

premiums and benefits for the purposes of insurance and related financial 

4 

services shall not result in differences in individuals' premiums and benefits 
(see Article 5(1) of Directive 2004/113)? ................................................. 40 

9.6  How has the exception of Article 5(2) of Directive 2004/113 been interpreted 

in your country? Please report on the implementation of the C-236/09 Test-
Achats ruling in national legislation. ........................................................ 40 

9.7  Has your country adopted positive action measures in relation to access to 

and the supply of goods and services (see Article 6 of Directive 2004/113)? 41 

9.8  Are there specific problems of discrimination on the grounds of pregnancy, 

11 

maternity or parenthood in your country in relation to access to and the 
supply of goods and services? Please briefly describe relevant case law. ...... 41 
10  Violence  against  women  and  domestic  violence  in  relation  to  the  Istanbul 
Convention .................................................................................................. 42 
10.1  Has your country ratified the Istanbul Convention? ................................... 42 
Enforcement and compliance aspects (horizontal provisions of all directives) ........ 43 
11.1  Victimisation ........................................................................................ 43 
11.2  Burden of proof .................................................................................... 43 
11.3  Remedies and Sanctions ........................................................................ 43 
11.4  Access to courts ................................................................................... 44 
11.5  Equality body ....................................................................................... 45 
11.6  Social partners ..................................................................................... 45 
11.7  Collective agreements ........................................................................... 45 
12  Overall assessment ....................................................................................... 46 

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1 

Introduction 

1.1  Basic structure of the national legal system 

Denmark is a constitutional monarchy,  consisting of Denmark,  Greenland and the Faroe 
Islands. Greenland and the Faroe Islands are not members of the EU. 

The Danish judicial system is based on the traditions of civil law as in continental Europe 
and  is  more  or  less  divided  into  private  law  and  public  law.  In  general,  rules  and  legal 
principles  are  organised  in  a  number  of  codes.  The  Danish  labour  market  is  to  a  very 
large  extent  covered  by  collective  agreements.  The  collective  agreements  cover  areas 
such  as  wages  and  parental  leave  rights.  Collective  agreements  accordingly  play  a 
significant  role  in  the  legal  landscape  regarding  work-related  issues.  The  collective 
agreements  must  comply  with  the  principle  of  non-discrimination.  The  system  of  courts 
has  a  unified  structure.  Thus,  there  are  no  special  courts  of  law.  Several  specialised 
complaints boards are present under Danish law. In 2009 the Board of Equal Treatment 
was  established.  The  board  handles 
individual  complaints  on  all  grounds  of 
discrimination.  Decisions  from  the  complaint  board  can  be  appealed  to  the  courts.  The 
administration of courts in Denmark is mainly regulated by the Administration of Justice 
Act.1  

According  to  the  Danish  civil  law  tradition,  written  legislation  is  one  important  legal 
source.  Court  decisions  are  also  considered  important  sources  of  law.  In  Denmark  the 
Minister for Gender Equality is responsible for all activities in the field of gender equality 
and the ministry co-ordinates the equality work of other ministries.  

1.2  List of main legislation transposing and implementing Directives 

Danish  legislation  is  published  electronically  in  Danish  by  the  Danish  State  in  the 
Retsinformation.2 

The relevant Danish legislation on equality with regard to the subject of this report: 

- 

- 

- 

- 

- 

- 

- 

Act  on  Equal  Pay  for  men  and  women,  Consolidation  Act  No.  899  of  5  September 
2008 as amended by Act No. 513, 26 May 2014 (Ligelønsloven). 
The Act on Equal Treatment of Men and Women as regards Access to Employment 
etc.,  Consolidation  Act  No.  645  of  8  June  2011,  as  amended  by  Act  No.  553  of 
2012, Paragraph 13; and Act No. 217 of 2013 as well as Act No. 217, 5 March 2013 
(Ligebehandlingsloven). 
Gender  Equality  Act,  Consolidation  Act  No.  1678,  19  December  2013 
(Ligestillingsloven). 
Act on the Prohibition of discrimination on the labour market, Consolidation Act No. 
1349, 16 December 2008 (Forskelsbehandlingsloven). 
Act on Entitlement to Leave and Benefits in the Event of Childbirth, 1 Consolidation 
Act No. 571, 29 April 29 2015 (Barselsloven). 
Act  on  Maternity  Equalisation  in  the  Private  Labour  Market,  Act  No.  417,  8  May 
2006,  as  amended  by  Act  No.  288,  2010,  Act  No.  598,  2011,  Act  No.  326,  2012, 
Act  No.  529,  2012,  Act  No.  1347,  2012  and  Act  No.  596,  2013 
(Barselsudligningsloven) 
Act  on  Maternity  for  Self-employed  Workers,  Act  No.  596,  12  June  2013  (Lov  om 
barselsudligning for selvstændigt erhvervsdrivende). 

1   Denmark, Administration of Justice Act, Consolidation Act, No. 1308, 9 December 2014 as amended by Act 
No. 1313, 27 November 2013, Act No. 1460, 17 December 2013, Act No. 1621, 26 December 2013, Act No. 
84, 28 January 2014, Act No. 403, 28 April 2014, Act No. 551, 2 June 2014, Act No. 733, 25 June 2014, Act 
No. 737, 25 June 2014 and Act No. 739, 25 June 2014. 

2   www.retsinfo.dk accessed 1 September 2015.  

6 

 
 
 
 
 
 
 
 
                                                
- 

Act on Equal Treatment between Men and Women in Insurance, Pension and Similar 
Matters,  Consolidation  Act  No.  950,  14  August  2015  (Lov  om  ligebehandling  af 
mænd  og  kvinder  i  forbindelse  med  forsikring,  pension  og  lignende  finansielle 
ydelse).3 

3   Act No. 775, 29 August 2001, has been amended by Act No. 523, 2007, Act No. 517, 2008, Act No. 133, 24 

February 2009 (which changed the title of the Act into the present title, the Act on Equal Treatment 
between Men and Women in Insurance, Pension and Similar Matters), Act No. 133, 2009, Act No. 1231, 
2012, Act No. 1287, 2012, Act No. 1287, 19 December 2012 and Act No. 403, 28 April 2014. 

7 

 
                                                
2 

General legal framework 

2.1  Constitution 

2.1.1  Does your national Constitution prohibit sex discrimination?  

No. 

2.1.2  Does the Constitution contain other Articles pertaining to equality between men 

and women? 

No. 

2.1.3  Can  the  Article(s)  mentioned  in  the  two  previous  questions  be  invoked  in 

horizontal relations (between private parties)? 

N/A. 

2.2  Equal treatment legislation 

2.2.1  Does your country have specific equal treatment legislation? 

Yes. Gender Equality Act, Consolidation Act No. 1678, 19 December 2013. 

Act  on  Prohibition  against  discrimination  on  the  labour  market,  Consolidation  Act  No. 
1349, 16 December 2008. 

The Act on Equal Treatment of Men and Women as regards Access to Employment etc., 
Consolidation  Act  No.  645,  8  June  2011,  as  amended  by  Act  No.  553,  2012,  Paragraph 
13; as well as Act No. 217, 2013, and Act No. 217, 5 March 2013. 

The Equal Pay Act, Consolidation Act No.558, 17 June 2008, as amended by Act No. 513, 
2008 and Act No. 116, 2016. 

Yes.  According  to  section  1  in  the  Gender  Equality  Act,4  the  purpose  of  the  act  is  to 
promote  equality  between  women  and  men,  including  equal integration,  equal influence 
and equal opportunities in all of society, based in women's and men's equality. The goal 
was  also  to  prevent  direct  and  indirect  discrimination  on  grounds  of  gender  and  to 
prevent harassment and sexual harassment. 

According  to  section  1  of  the  Act  on  Equal  Treatment  of  Men  and  Women  as  regards 
Access  to  Employment,5  the  purpose  is  that  there  shall  be  no  discrimination  on  the 
ground  of  sex.  This  applies  to  both  direct  discrimination  and  indirect  discrimination,  in 
particular by reference to pregnancy or to marital or family status. 

Section 1 of the Act on the Prohibition of discrimination on the labour market states that 
discrimination on the labour market  is prohibited with regard to race, colour, religion or 
belief,  political  opinion,  sexual  orientation,  age,  disability  or  national,  social  or  ethnic 
origin.  

4   Denmark, Consolidation Act No. 1678, 19 December 2013. 
5   Denmark, Consolidation Act No. 1349, 16 December 2008. 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                
3 

Implementation of central concepts 

3.1  Sex/gender/transgender 

3.1.1  Are the terms gender/sex defined in your national legislation? 

No. 

3.1.2 

Is  discrimination  due  to  gender  reassignment  explicitly  prohibited  in  your 
national legislation?  

No.6  Discrimination  due  to  gender  reassignment  is  not  explicitly  covered  in  national law 
but  is  already  covered  by  the  other  grounds  mentioned  in  section  1  of  the  Act  on 
Prohibition  against  discrimination  on  the  labour  market.  The  Act  defines  discrimination 
with regard to the Danish market and prohibits discrimination with regard to race, colour, 
religion or belief, political opinion, sexual orientation, age, disability or national, social or 
ethnic  origin.  In  the  view  of  the  expert,  the  general  and  broad  prohibition  against 
discrimination  extends  to  the  ground  of  gender  reassignment.  In  2016  the  Board  for 
Equal Treatment decided on a case on legal gender reassignment.7 The case was decided 
as a matter on discrimination on the ground of sex.  

3.2  Direct sex discrimination 

3.2.1 

Is direct sex discrimination explicitly prohibited in national legislation?  

Yes: 

- 

- 

- 

on 

against 

Prohibition 

Act 
(forskelsbehandlingsloven), section 1(2). 
Act on Equal Treatment of Men and Women as regards Access to Employment etc, 
(Ligebehandlingsloven), section 1(2). 
The Gender Equality Act (Ligestillingsloven), section 2(2). 

labour  market 

discrimination 

the 

on 

The  definition  of  direct  discrimination  in  the  EU  directives  is  repeated  in  the  Danish 
implementing  legislation  with  the  same  wording  as  used  in  the  directives.  See,  for 
example,  section  1(2)  of  the  Equal  Treatment  of  Men  and  Women  as  regards  Access  to 
Employment etc., stating that: 

‘Direct  discrimination  shall  be  understood  as  taking  place  where  one  person  is 
treated  less  favourably  that  another  is,  has  been  or  would  be  treated  in  a 
comparable situation on the ground of sex.’ 

The  same  text  is  repeated  in  the  two  other  above-mentioned  acts.  Thus,  the  Danish 
definition complies with the EU definition. 

6   In 2014, Denmark enacted new rules regarding gender reassignment in the Social Security Act section 3(5): 
‘The Economic and Interior Ministry accepts a written request and a new personal security number is given 
to persons who experience themselves as belonging to the other sex.  
Thus, the assignment of a new personal identity is dependent upon the person concerned by: 
A written declaration that expresses the desire for a new personal identity based on a sense of belonging to 
the other sex.  
That that person has followed a period of reflection of six months from the filing date and he/she confirms 
this in writing.  
That the person is 18 years old at the time of the application.’ 
The Social Security Act (Bekendtgørelse af lov om Det Centrale Personregiste), Consolidation Act No. 878, 
14 September 2009, as amended by section 35 of Act No. 1536, 21 December 2010, § 1 of Act No. 558, 18 
June 2012, § 3 of Act No. 600, 18 June 2012 and § 1 of Act No. 1251, 18 December 2012. 

7   Board for Equal Treatment, Case No. 9383/2016. 

9 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                
 
3.2.2  Are pregnancy and maternity discrimination explicitly prohibited in legislation as 

forms of direct sex discrimination? 

Yes. According to section 1 of the Act on Equal Treatment of Men and Women as regards 
Access  to  Employment  etc.,  discrimination  on  the  ground  of  sex,  in  particular  by 
reference  to  pregnancy  or  to  marital  or  family  status,  is  prohibited.  Furthermore,  direct 
discrimination  shall  be  understood  as  taking  place  in  connection  with  any  form  of 
discrimination in connection with pregnancy and during women’s 14  weeks  of  maternity 
leave after childbirth, according to section 1(1) and (2) of the Act on Equal Treatment of 
Men and Women as regards Access to Employment etc.  

The provision complies with Article 2(2) (c) of Directive 2006/54. 

3.2.3  Are there specific difficulties in your country in applying the concept of direct sex 
discrimination?  If  so,  please  explain  these  difficulties,  with  reference  to 
legislation and/or (national) case law if relevant. 

No. 

3.3  Indirect sex discrimination 

3.3.1 

Is indirect sex discrimination explicitly prohibited in national legislation?  

Yes: 

- 

- 

- 

on 

Prohibition  Against  Discrimination 

Act 
(Forskelsbehandlingsloven) section 1(3) 
Act on Equal Treatment of Men and Women as regards Access to Employment etc., 
(Ligebehandlingsloven), section 1(3) 
The Gender Equality Act (LLigestillingsloven), section 2(3) 

Labour  Market 

the 

on 

Indirect  discrimination  is  defined  in  national  legislation.  There  are  two  definitions  of 
‘indirect discrimination’. 

As  stated  in  the  Act  on  the  Prohibition  Against  Discrimination  on  the  Labour  Market 
indirect  discrimination  shall  be  understood  as  taking  place  where  an  apparently  neutral 
provision,  criterion  or  practice  put  persons  of  one  gender  at  a  particular  disadvantage 
compared  with  other  persons,  unless  that  provision,  criterion  or  practice  is  objectively 
justified  by  a  legitimate  aim  and  the  means  for  achieving  that  aim  are  appropriate  and 
necessary.  The  same  definition  is  repeated  in  the  Act  on  Equal  Treatment  of  Men  and 
Women as regards Access to Employment etc. Thus, the Equal Treatment Act and the Act 
on  Prohibition  against  discrimination  on  the  labour  market  use  the  term  ‘sound  and 
proper’  (saglig)  instead  of  ‘legitimate’  (legitim)  as  stated  in  the  directive.  Under  Danish 
labour  law,  working  conditions  will  normally  be  considered  sound  and  proper  if  they 
result  from  collective  bargaining  and  can  be  seen  as  an  expression  of  what  the  labour 
market organisations on both sides regard as reasonable. 

As  stated  in  the  Gender  Equality  Act  section  2(3)  indirect  discrimination  is  defined  as  a 
situation where a provision, criterion or practice, which is apparently neutral, would put 
persons of one sex at a particular disadvantage compared with persons of the other sex, 
unless that provision, criterion or practice is objectively justified by a legitimate aim and 
the  means  for  achieving  that  aim  are  appropriate  and  necessary.  Thus,  the  Gender 
Equality  Act  uses  the  word  ‘legitimate’  (legitim)  in  accordance  with  the  underlying 
directive.  

In my view the Danish legislation as stated above in the previous answer  complies with 
the directive. 

10 

 
 
 
 
 
 
 
 
 
 
 
 
3.3.2 

Is statistical evidence used in your country in order to establish a presumption of 
indirect sex discrimination? Please provide some examples of cases, if available. 

No. 

3.3.3 

Yes. 

Is  in  your  view  the  objective  justification  test  applied  correctly  by  national 
courts? Please provide some examples of cases, if available. 

3.3.4  Are  there  specific  difficulties  in  your  country  in  applying  the  concept  of  indirect 
sex  discrimination?  If  so,  please  explain  these  difficulties,  with  reference  to 
legislation and/or (national) case law if relevant.  

No. 

3.4  Multiple discrimination and intersectional discrimination 

3.4.1 

Is  multiple  discrimination  –  i.e.  discrimination  based  on  two  or  more  grounds 
simultaneously  –  and/or  intersectional  discrimination  –  i.e.  discrimination 
resulting  from  the  interaction  of  grounds  of  discrimination  which  interact  to 
produce  a  new  and  different  type  of  discrimination  -  explicitly  addressed  in 
national legislation? 

No. In general, there is no definition of multiple discrimination in Danish equality law.8 

3.4.2 

Is there any case law that addresses multiple discrimination and/or intersectional 
discrimination (where gender is one of the grounds at stake)? 

Yes.  A  case  concerning  a  Muslim  headscarf  at  the  Danish  Court  of  Appeal  East, 
U2000.2350Ø,  concerned  a  schoolgirl  who  had  brought  a  religious  discrimination  claim 
when a department store, Magasin, refused to allow her to be a trainee in school practice 
for  a  week,  because  she  came  to  the  workplace  wearing  a  headscarf.  The  department 
store  justified  its  actions  by  reference  to  its  guidelines  for  employees’  dress.  The 
guidelines were vague. They required staff to be decently dressed. The Court of Appeals 
held  that  the  department  store  had  violated  the  Discrimination  Act’s  prohibition  against 
discrimination  on  the  basis  of  religion  and  required  the  store  to  pay  compensation. 
Multiple discrimination was not addressed specifically. 

The  most  important  Danish  case,  U2005.1265H,  was  decided  by  the  Supreme  Court  in 
2005.  In  this  case,  a  supermarket,  Føtex,  dismissed  a  young  Muslim  woman  when  she 
began  to  come  to  work  wearing  a  headscarf  four  years  after  she  had  begun  her 
employment at Føtex. The Danish Supreme Court held that Føtex’s dress code indirectly 
discriminated  against  Muslim  women  who  wear  headscarves  for  religious  reasons,  but 

8   In the Administration of Justice Act section 56 concerns multiple discrimination. This section was amended 

in 2009. The purpose of the section is to prohibit judges from exhibiting any religious or political symbols or 
views in the courtroom during hearings. 
A judge must not appear in hearings in a manner that is likely to be perceived as a statement concerning 
any religious or political affiliation or a statement on his or her position on religious or political issues in 
general.  
In the preparatory works, the Ministry of Justice, on behalf of the Danish Government, explained that the 
proposed ban will include cases where the judge during the hearing visibly wears a Christian cross, where 
the judge wears Muslim headgear like the hijab, or where the judge wears a Jewish calotte (kippa). Also, 
the judge must not express any support or criticism of any specific political parties, visibly wear a party 
badge or anything similar, or express in any way his/her personal political position on other important 
community issues, regardless of whether they are international, national or local issues.  
In the preparatory works, the Ministry of justice stated that the proposal was in accordance with the Danish 
Constitution, with Articles 9 and 10 ECHR and with the Employment Framework Directive, 2000/78/EC.  

11 

 
 
 
 
 
 
 
 
 
 
 
                                                
that  the  dress  code  did  not  violate  the  Discrimination  Act’s  prohibition  against 
discrimination  because  it  was  justified  by  a  legitimate  and  neutral  objective  and  the 
principle of proportionality had been complied with. 

The  cases  do  not  give  rise  to  any  particular  difficulties  with  the  concepts  of  multiple 
discrimination and/or intersectional discrimination. 

3.5  Positive action 

3.5.1 

Is positive action explicitly allowed in national legislation?  

Yes, the Gender Equality Act section 3. 

Under  the  Equal  Treatment  Act,  the  responsible  Minister  may  permit  measures  for  the 
promotion  of  gender  equality  aiming  at  promoting  equal  opportunities  for  women  and 
men,  in  particular  by  removing  factual  inequalities  which  affect  access  to  employment, 
training, etc.  

The definition mentioned in the Gender Equality Act section 3 is: 

‘Measures  promoting  gender  equality  that  aim  to  prevent  or  compensate 
for 
discrimination  on  grounds  of  sex.’  This  definition  in  my  view  complies  with  the  EU 
definition found in Article 157 TFEU (4). 

Under  section  3  (1)  in  the  Gender  Equality  Act,  the  competent  minister  may  allow, 
regardless  of  the  general  prohibition  of  discrimination  on  grounds  of  sex,  special 
measures  to  promote  equality  when  the  purpose  is  to  prevent  or  compensate  for 
discrimination on grounds of gender. Positive action is permitted as temporary measures 
to  overcome  the  effects  of  past  stereotypes  or  learning  new  skills.  The  positive  action 
must therefore be discontinued after achieving the desired equality in this particular field. 
One example is the YDUN research programme9 that targets women scientists and aims 
to  strengthen  talent  utilization  in  Danish  research  by  promoting  a  more  equal  gender 
balance in the Danish research environment. 

Furthermore,  specific  rules  are  laid  down  in  Public  Order  on  Measures  that  Promote 
equality  without  dispensation,  No.  340,  10  April  2007  (Bekendtgørelse  om  initiativer  til 
fremme af ligestilling - Adgangen til at iværksætte ligestillingsfremmende initiativer uden 
dispensation).  Due  to  section  1  of  the  Public  Order,  employers,  governments  and 
organizations  may  implement  development  initiatives  for  a  limited  period  of  up  to  two 
years to attract the underrepresented gender without a dispensation from the minister. It 
is a precondition for such initiatives that one gender is represented with 25 % or less. It 
is allowed to establish courses or training activities of up to six months for one sex, if the 
purpose  is  to  promote  equality  between  women  and  men  and  to  promote  women's  and 
men's equal access to employment, education and management. 

3.5.2  Are there specific difficulties in your country in relation to positive action? If so, 
please  explain  these  difficulties,  with  reference  to  legislation  and/or  (national) 
case law if relevant.  

No. 

3.5.3  Has your  country adopted  measures that aim to improve the gender balance in 

company boards? 

9   http://ufm.dk/forskning-og-innovation/tilskud-til-forskning-og-innovation/hvem-har-modtaget-

tilskud/2014/ydun-bevillinger-fra-det-frie-forskningsrad-oktober-2014. 

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                
Yes, the Financial Statement Act section 99 B. 

The Financial Statement Act, Consolidation Act No. 323, 11 April 2011, as amended by § 
1 of Act No. 341, 27 April 2011, § 2 of Act No. 477, 30 May 2012, § 11 of Act No. 546, 
18  June  2012,  §  4  of  Act  No.  1231,  18  December  2012,  §  1  of  Act  No.  1232,  18 
December  2012,  §  7  of  Act  No.  1287,  19  December  2012,  §  4  of  Act  No.  1383,  23 
December 2012 and § 10 of Act No. 634, 12 June 2013. 

The approximately 1 100 large Danish companies must set targets for the proportion of 
the  underrepresented  sex  in  the  supreme  governing  body  must  report  on  the  status  of 
the  achievement  of  the  set  targets,  including why  the  company  may  not  have  achieved 
the  desired  objective.  Large  companies  are  obliged  to  draw  up  a  policy  to  increase  the 
proportion  of  the  underrepresented  sex  on  companies’  other  management  levels,  and 
must explain the policy.  

If  there  is  no  underrepresentation  of  one  gender  in  the  supreme  governing  body,  it  is 
sufficient to disclose this in the management report. If there is no underrepresentation of 
one gender on the company's other management levels, it is sufficient to disclose this in 
the management report.  

3.5.4  Has your country adopted other positive action measures to improve the gender 
balance  in  some  fields,  e.g.  in  political  candidate  lists  or  political  bodies?  If  so, 
please describe these measures.  

Yes. 

The Gender Equality act section 11 and 12. 

Due to section 11 in the Gender Equality act, the Boards and other management bodies 
of  the  institutions  and  companies  within  the  governmental  administration  shall  have  a 
balanced  composition  of  women  and  men.  The  management  must  set  targets  for  the 
proportion  of  the  underrepresented  gender,  develop  a  policy  to  increase  the  number  of 
the  underrepresented  gender  on  their  executive  levels  and  report  the  status  of  the 
achievement of the set targets to the Gender Equality Minister.  

For  appointments  not  covered  by  section  11,  the  responsible  minister  must  ensure  that 
the  members  appointed  by  the  minister  are  balanced  in  terms  of  gender,  according  to 
section  12  in  the  gender  equality  act.  Also  in  accordance  with  section  12,  if  other 
authorities  or  organizations  propose  board  members,  they  shall  suggest  both  a  woman 
and a man. 

3.6  Harassment and sexual harassment 

3.6.1 

Is harassment explicitly prohibited in national legislation? 

Yes.  The  EU  provisions  on  harassment  on  the  ground  of  sex  and  sexual  harassment, 
which  are  found  in  Directives  2006/54  and  2004/113/EC,  have  been  transposed  into 
Danish legislation mainly by being literally repeated in the definitions of discrimination in 
Section  1  of  the  Act  on  Equal  Treatment  of  Men  and  Women  as  regards  Access  to 
Employment  etc.,  Section  1(a)  of  the  Equal  Pay  Act,  Section  3(a)  of  the  Act  on  Equal 
Treatment of Men and Women in Insurance, Pensions and Similar Financial Services and 
in Section 2a of the Gender Equality Act. 

Article 2(2)(a) of Directive 2006/54/EC and Article 4(3) of Directive 2004/113 have been 
specifically  transposed  in  Section  1(4)  of  the  Equal  Treatment  Act  and  Section  2a(1)  of 
the Gender Equality Act respectively. The wording of the Danish implementing provisions 
slightly differs from the underlying Directives but the meaning is the same. 

13 

 
 
 
 
 
 
 
 
 
 
 
 
According  to  the  Act  on  Equal  Treatment  of  Men  and  Women  as  regards  Access  to 
Employment etc., harassment, as defined in Section 1 (5), shall according to section 1(4) 
of  the  act  be  deemed  to  be  discrimination  on  the  ground  of  sex  and  is  consequently 
prohibited. Any person’s rejection of or consent to that type of conduct must not be used 
as grounds for a decision concerning the person in question.  

According  to  section  1(5),  harassment  shall  be  understood  as  taking  place  when  any 
form  of  unwanted  verbal,  non-verbal  or  physical  conduct  is  exhibited  in  relation  to  one 
person’s sex for the purpose or effect of violating the dignity of a person and of creating 
an intimidating, hostile, degrading, humiliating or offensive environment.  

According  to  the  Gender  Equality  Act  section  2a  (2)  harassment  occurs  where  there  is 
unwanted  conduct  related  to  a  person's  sex  with  the  purpose  or  effect  of  violating  a 
person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive 
environment.  The  Gender  Equality  Act  does  not  only  cover  the  labour  market  but  is 
intended  to  promote  equality  between  women  and  men,  including  equal  integration, 
equal influence and equal opportunities in all of society. 

The definitions of harassment and sexual harassment in the EU directives are repeated in 
the Danish implementing legislation with the same understanding as in the directives. 

3.6.2 

Please  specify  the  scope  of  the  prohibition  on  harassment  (e.g.  does  it  cover 
employment and access to goods and services; is it broader?). 

Yes,  the  Gender  Equality  Act  section  2a  (2)  covers  more  than  just  the  labour  market. 
This act covers all the functions of Danish society. 

3.6.3 

Is sexual harassment explicitly prohibited in national legislation? 

Yes,  in  the  Gender  Equality  Act  section  2a  and  the  Act  on  Equal  Treatment  of  Men  and 
Women as regards Access to Employment etc. section 1(6) 

According  to  the  Gender  Equality  Act  section  2a,  sexual  harassment  is  any  form  of 
unwanted  verbal,  non-verbal  or  physical  conduct  of  a  sexual  nature  in  relation  to  a 
person's sex with the purpose or effect of violating the dignity of a person, in particular 
when creating an intimidating, hostile, degrading, humiliating or offensive environment. 

According  to  the  Act  on  Equal  Treatment  of  Men  and  Women  as  regards  Access  to 
Employment etc. section 1(6) sexual harassment shall be deemed to be discrimination on 
the ground of sex and is consequently prohibited. Any person’s rejection of or consent to 
that type of conduct must not be used as grounds for a decision concerning the person in 
question. 

This definition in my view complies with the EU definition in Article 2(1) (d) of Directive 
2006/54. 

3.6.4 

Please  specify  the  scope  of  the  prohibition  on  harassment  (e.g.  does  it  cover 
employment and access to goods and services; is it broader?). 

Yes.  The  Gender  Equality  Act  does  not  only  cover  the  labour  market  but  is  intended  to 
promote  equality  between  women  and  men,  including  equal integration,  equal influence 
and  equal  opportunities  in  all  of  society.  The  aim  of  the  act  is  to  prevent  direct  and 
indirect  discrimination  on  grounds  of  gender  and  to  prevent  harassment  and  sexual 
harassment.  In  accordance  with  section  1  a,  the  act  applies  to  any  employer,  authority 
and  organization  within  the  public  sector,  authorities  and  organizations,  and  all  persons 
who  provide  goods  and  services  that  are  available  to  the  public  in  both  the  public  and 
private sectors, including public bodies, and which are offered outside private and family 

14 

 
 
 
 
 
 
 
 
 
 
 
 
life  and  transactions  in  that  context.  According  to  section  2a  (3)  sexual  harassment  is 
prohibited. 

3.6.5  Does national legislation specify that harassment and sexual harassment as well 
as  any  less  favourable  treatment  based  on  the  person’s  rejection  of  or 
submission  to  such  conduct  amounts  to  discrimination  (see  Article  2(2)(a)  of 
Directive 2006/54)?  

Yes. 

3.7  Instruction to discriminate 

3.7.1 

Is an instruction to discriminate explicitly prohibited in national legislation? 

Yes.  The Act  on  Equal Treatment  of Men and  Women as  regards Access to  Employment 
etc. (Ligebehandlingsloven) section 1(7). 

According  to  the  Act  on  Equal  Treatment  of  Men  and  Women  as  regards  Access  to 
Employment etc. section 1(7) an instruction to discriminate against a person because of 
gender is considered to be discrimination. However, this term is not defined.  

3.7.2  Are  there  specific  difficulties  in  your  country  in  relation  to  the  concept  of 
instruction to discriminate? If so, please explain these difficulties, with reference 
to legislation and/or (national) case law if relevant. 

No. 

3.8  Other forms of discrimination 

Are any other forms of discrimination prohibited in national law, such as discrimination by 
association or assumed discrimination? 

In  its  decision  of  June  24,  2011  no.  101  /  2011  (2500013-10)  the  Danish  Board  of 
Equality referred to the CJEU case of  Coleman. The Board stated that, due to this case, 
an individual may not be discriminated against through  his/her association with another 
person in Denmark. 

15 

 
 
 
 
 
 
 
 
 
 
 
4 

Equal  pay  and  equal  treatment  at  work  (Article  157  TFEU  and  Recast 
Directive 2006/54) 

4.1  Equal pay 

4.1.1 

Is the principle of equal pay for equal work or work of equal value implemented 
in national legislation? 

Yes. 

General comment on equal pay 

In  Denmark,  equal  pay  between  men  and  women  is  governed  by  the  Equal  Pay  Act, 
which dates back to 1976 when it was adopted to implement the Equal Pay Directive. It 
has been amended on several occasions. The latest amendment was in 2016.  

Collective  bargaining  is  of  paramount  importance  in  all  wage  issues  in  Denmark.  The 
collective agreements must comply with the right to equal payment for men and women. 
This  interpretation  is  supported  by  a  mediation  agreement  from  28  March  1973,  which 
abolished  different  pay  rates  for  men  and  women  in  collective  agreements  between 
members  of  the  LO,  the  Danish  Confederation  of  Trade  Unions,  and  the  DA,  the 
Confederation of Danish Employers, which have been the two main organisations since 1 
April 1973 (i.e. three months after Article 141 EC then Article 119 EEC - became directly 
applicable in Denmark due to the Defrenne-II judgement). In practice, there are neither 
express  unequal  pay  clauses  nor  express  equal  pay  clauses  in  Danish  collective 
agreements. If gender equality is not explicitly mentioned in a collective agreement, that 
agreement  is  interpreted  as  -  tacitly  -  providing  for  equal  pay.  This  implicit  way  of 
regulating the issue does not  contribute to a  better understanding of the notion of pay. 
Collective agreements in Denmark are private contracts, hence, in principle, a matter for 
the contracting parties.  

With regard to data collection on equal pay, the Equal Pay Act was amended in 2014. 

Under  section  5a(subsection  2-5)  of  the  Equal  Pay  Act  an  entity  shall  prepare  gender-
divided  wage  statistics  for  all  or  parts  of  the  company  for  a  calendar  year  when  in  that 
year the company employed workers equal to at least ten full-time employees, including 
at least three men and three women, and 1) the company has not complied with the duty 
to submit salary information for the year to Statistics Denmark, which is made obligatory 
by the Act on Statistics Denmark,10 or to an employer’s organization or 2) the company 
has  complied  with  the  duty  to  submit  salary  information  for  the  year  to  Statistics 
Denmark,  as  is  obligatory  under  the  Act  on  Statistics  Denmark  or  to  an  employer’s 
organization, but they have not received gender-based wage statistics for the year before 
1 September of the following year.  

Gender-segregated  wage  statistics  should  cover  all  employees  in  the  company  who  are 
paid for the working time. The statistics cover a period of 12 months and show the pay 
gap between men and women in groups of employees calculated in accordance with the 
classification  DISCO-08  or  a  similar  classification  system,  when  there  are  at  least  three 
men  and  three  women  at  a  particular  ISCO  group  level  or  equivalent  group  level.  The 
wage concept used should include all employees in the wage statistics.  

When receiving or preparing business-segregated wage statistics, the company must: 1) 
Inform  employees  that  the  company  is  subject  to  the  rules  on  gender-based  wage 
statistics,  within  two  months  of  the  statistics  being  received  or  drawn  up.  2)  disclose 
gender-based wage statistics for the company's employee representatives, no later than 

10   The Act on Statistics Denmark, Consolidation Act No. 599, 22 June 2000. 

16 

 
 
 
 
 
 
 
 
 
 
                                                
two months after the statistics have been received or drawn up. If there is no employee 
representative in the company, the company must disclose the statistics to any employee 
no  later  than  two  months  after  an  employee's  request.  For  the  sake  of  the  company's 
legitimate  interests,  the  company  can  decide  that  the  statistics  are  confidential.  3) 
Ensure  the  opportunity  to  discuss  the  gender-divided  wage  statistics  not  later  than  two 
months  after  a  representative’s  request.  Is  there  no  employee  representative  in  the 
company,  the  company  must  ensure  the  possibility  to  discuss  statistics  within  two 
months on the request of any employee. 

In  2016  the  Equal  Pay  Act  was  amended  by  Act  No.  116,  2016.  The  amendment  came 
into  force  on  15  February  2016.  Following  this  amendment,  Section  5  of  the  Equal  Pay 
Act stipulates that only companies with a minimum of 35 full-time workers are under the 
obligation to prepare a yearly gender-segregated wage statistic (until the introduction of 
the  amendment  the  obligation  to  prepare  gender-segregated  wage  statistics  applied  to 
companies  with  a  minimum  of  10  full-time  workers).  Further,  the  duty  to  prepare  a 
gender-segregated wage statistic now only applies to companies that employ a minimum 
of  10  men  and  10  women  with  comparable  job  functions.  The  preparatory  work  stated 
that  the  amendment  is  assessed  to  have  negative  equality  consequences  due  to  the 
limitation  of  the  scope  of  companies  obliged  to  prepare  gender-segregated  wage 
statistics. The purpose of the amendment was to link the duty to prepare gender specific 
statistics  to  the  obligation  imposed  on  companies  to  inform  and  listen  to  workers  on 
work-related  issues.  The  preparatory  work  also  mentioned  a  wish  to  ease  the 
administrative burden on smaller companies.  

Specific answer to question: 

The Equal Pay Act section 1 contains the definition of equal pay. 

According to section 1(1) of the act, it is a violation of the act if gender is the reason for 
a  different  salary.  This  applies  to  both  direct  and  indirect  discrimination.  Under  section 
1(2)  employers  must  ensure  that  women  and  men  have  equal  pay,  in  respect  of  all 
aspects and conditions of pay for equal work or work of equal value. In particular, where 
a  job  classification  system  is  used  for  determining  pay,  it  must  be  based  on  the  same 
criteria  for  male  and  female  employees  and  must  be  so  arranged  as  to  exclude  any 
discrimination on grounds of sex. The assessment of the value of labour must be based 
on an overall assessment of relevant skills and other relevant factors.  

The  act  shall  not  apply  to  the  extent  that  a  corresponding  obligation  applies  to  provide 
equal pay under a collective agreement. 

Equal Pay Act section 1 a 

There is direct discrimination if a person on grounds of sex is treated less favourably than 
another  person  is,  has  been  or  would  be  treated  in  a  comparable  situation.  Any  less 
favourable  treatment  of  a  woman  related  to  pregnancy  and  a  woman’s  14  weeks' 
absence after birth is considered as direct discrimination.  

Indirect  discrimination,  where  a  provision,  criterion  or  practice  which  is  apparently 
neutral, would affect persons of one sex more than persons of the other sex, unless that 
provision,  criterion  or  practice  is  objectively  justified  by  a  legitimate  purpose  and  the 
means of achieving that aim are appropriate and necessary.  

Harassment  occurs  where  there  is  unwanted  conduct  related  to  a  person's  sex  with  the 
purpose  or  effect  of  violating  the  dignity  of  a  person  and  of  creating  an  intimidating, 
hostile, degrading, humiliating or offensive environment.  

17 

 
 
 
 
 
 
 
 
 
 
4.1.2 

 Is the concept of pay defined in national legislation? 

Yes. The Equal Pay Act section 1 a (3). 

The  salary  is  the  ordinary  basic  or  minimum  wage  and  all  other  benefits  which  the 
employee receives directly or indirectly from the employer in cash or in kind for the work 
done.  

This definition complies with the definition of Article 157(2) TFEU. 

4.1.3  Does  national  law  explicitly  implement  Article  4  of  Recast  Directive  2006/54 
(prohibition of direct and indirect discrimination on grounds of sex with regard to 
all aspects and conditions of remuneration)? 

Yes.  The  Danish  Equal  Pay  Act  was  amended  in  2008  in  order  to  implement  the  Recast 
Directive  (2006/54)  in  matters  of  equal  pay.  The  amendment  came  into  force  on  15 
August 2008.  

Section 1 of the Danish Equal Pay Act was amended so as to follow closely the wording of 
Article 4 of the Recast Directive.  

4.1.4 

Is a comparator required in national law as regards equal pay? 

No, but a comparator is often used to set out or prove a difference in treatment. 

4.1.5  Does  national  law  lay  down  parameters  for  establishing  the  equal  value  of  the 
work  performed,  such  as  the  nature  of  the  work,  training  and  working 
conditions?  

No. 

4.1.6  Does national (case) law address wage transparency in any way? 

Yes,  to  some  extent,  Danish  law  takes  the  transparency  of  wages  into  account  by 
imposing an obligation for employers to provide information. 

The  obligation  to  collect  data  on  salaries  is  found  in  the  Equal  Pay  Act  section  5a 
(subsection 2-5). See above at section 4.1.1 of this report. 

4.1.7 

Is  the  European  Commission’s  Recommendation  of  7  March  2014  on 
strengthening  the  principle  of  equal  pay  between  men  and  women  through 
transparency applied in your country? If so, how? 

No. 

4.1.8  Which  justifications  for  pay  differences  are  allowed  in  legislation  and/or  case 

law? 

None. 

4.1.9  Are  there  specific  difficulties  related  to  the  application  of  the  principle  of  equal 
pay for  equal work and work of  equal value in practice? For example in case of 
out-sourcing? 

No. 

18 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4.2  Access to work and working conditions 

4.2.1 

Is  the  personal  scope  in  relation  to  access  to  employment,  vocational  training, 
working  conditions  etc.  defined  in  national  law  (see  Article  14  of  Directive 
2006/54)? 

Yes.  The Act  on  Equal Treatment  of Men and  Women as  regards Access to  Employment 
etc. sections 2, 3 and 4. 

EU  provisions  on  gender  equality  in  access  to  work  and  working  conditions,  including 
dismissals, are in Denmark implemented in the Equal Treatment Act sections 2, 3 and 4 
by and large by repeating the text of the underlying directives. The law applies equally to 
both the public and private sector, with no exceptions.  

Under the Act on Equal Treatment of Men and Women as regards Access to Employment 
etc.  section  2  employers  must  treat  men  and  women  equally  in  recruitment,  transfers 
and promotions. 

Under the Act on Equal Treatment of Men and Women as regards Access to Employment 
etc.  section  3  any  employer  who  employs  men  and  women  shall  treat  them  equally  as 
regards access to vocational guidance, training, vocational training and retraining. Under 
section 3(2) equal treatment also applies to any person engaged in guidance and training 
activities. 

Under section 4 of the Act on Equal Treatment of Men and Women as regards Access to 
Employment  etc.  any  employer  that  employs  men  and  women  must  treat  them  equally 
with regard to working conditions. This also applies to dismissals. 

National  laws  do  refer  to  the  concept  of  a  ‘worker’  in  general,  but  not  specifically.  The 
concept is not consistent throughout the different areas of legislation.  

It  varies  slightly  from  act  to  act  and  thus  the  legislation  contains  various  definitions  of 
employees.  

A  person  may,  for  example,  be  employed  in  relation  to  a  Pension  Act,  but  will  not 
necessarily  be  considered  as  an  employee  in  relation  to  the  Salaried  Employees  Act. 
Thus, the definition of a worker must be considered in connection with the relevant act. 

The  Employment  Contracts  Act  applies  to  all  employees  whose  employment  has  a 
duration of longer than one month and if the average weekly working hours exceed eight 
hours. 

Furthermore,  Directive  91/533EC11  is  implemented  in  the  Danish  Employment  Contract 
Act. 

This definition of a ‘worker’ reflects the relevant case law of the CJEU. 

4.2.2 

Is  the  material  scope  in  relation  to  (access  to)  employment  defined  in  national 
law (see Article 14(1) of the Recast Directive 2006/54)? 

Yes, the Equal Treatment Act section 2. Employers must treat men and women equally in 
recruitment, transfers and promotions. 

11   Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions 

applicable to the contract or employment relationship, OJ L 288 of 18.10.1991, pp. 32-35. 

19 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                
Is this scope broader or more limited than the scope of Article 14(1) of Recast Directive 
2006/54? There is in fact no difference. 

4.2.3  Has the exception on occupational activities been implemented into national law 

(see Article 14(2) of Recast Directive 2006/54)? 

Yes.  The Act  on  Equal Treatment  of Men and  Women as  regards Access to  Employment 
etc. section 13. 

If  it  concerns  occupational  activities  and  training  and  it  is  strictly  relevant  that  the 
practitioner is of a particular sex, and this requirement is proportionate to the economic 
activity, the competent minister may derogate from the main rule. Thus, the minister can 
allow  measures  that  remove  inequalities  that  affect  access  to  employment,  education, 
etc. 

4.2.4  Has  the  exception  on  protection  for  women,  in  particular  as  regards  pregnancy 
and  maternity,  been  implemented  in  national  law  (see  Article  28(1)  of  Recast 
Directive 2006/54)? 

Act  on  Equal  Treatment  of  Men  and  Women  as  regards  Access  to  Employment  etc. 
chapter  3  in  general.  Due  to  this  part  of  the  act,  an  employer  may  not  dismiss  an 
employee  or  demote  an  employee  to  a  less  favourable  position  due  to  the  fact  that  the 
employee  has  insisted  on  exercising  her/his  right  of  absence  on  the  grounds  of 
pregnancy or maternity/paternity/parental leave. 

4.2.5  Are  there  particular  difficulties  related  to  the  personal  and/or  material  scope  of 
national  law  in  relation  to  access  to  work,  vocational  training,  employment, 
working conditions etc.?  

No. 

20 

 
 
 
 
 
 
 
 
5 

Pregnancy,  maternity,  and  leave  related  to  work-life  balance  (Directive 
92/85, relevant provisions of the Directives 2006/54 and 2010/18) 

5.1  Pregnancy and maternity protection 

5.1.1  Does national law define a pregnant worker? 

Yes to some extent, but nor directly. Maternity, Paternity and Parental Leave and Benefit 
Act section 1. 

The purpose of this law is to ensure parents are entitled to leave for pregnancy, childbirth 
and adoption, and to ensure that parents have the labour market right to maternity pay 
during leave for pregnancy, childbirth and adoption, etc. 

This definition is consistent with the definition in Article 2 of Directive 92/85. 

5.1.2  Are  the  protective  measures  mentioned  in  the  Articles  4-7  of  Directive  92/85 

implemented in national law? 

Yes. On which measures see below. Working Environment Act (Bekendtgørelse af lov om 
arbejdsmiljø), Consolidation Act No. 268, 18 March 2005, as amended by Act No. 300, 19 
April 2006, Act No. 175, 27 February 2007, § 29 of Act No. 512, 6 June 2007, § 39 of Act 
No.  106,  26  February  2008,  Act  No.  559,  17  June  2008,  Act  No.  1395,  27  December 
2008,  §  7  of  Act  No.  482,  12  June  2009,  § 2  of  Act  No.  1272,  16  December  2009,  and 
Act. No. 508, 19 May 2010. 

According to the Working Environment Act section 15 the employer shall ensure that the 
working conditions are safe and healthy.  

According to the  Working Environment Act section 42 the  workplace shall  maintain safe 
and healthy working conditions and all recognized health and safety norms and standards 
must be followed.  

According  to  the  Working  Environment  Act  section  15  the  competent  minister  can 
determine a legally binding public order regarding the performance of work. 

According  to  the  Public  Order  on  the  Performance  of  Work,  No.  559,  17  June  2004, 
section  8,    the  employer  must  take  into  consideration  the  employee's  age,  experience, 
the  specific  tasks  of  the  employee’s  position,  and  other  qualifications.  Specifically 
sensitive  groups  of  workers,  including  pregnant  and  breastfeeding  employees,  must  be 
protected  against  the  dangers  that  specifically affect  them.  The  employer  is  required  to 
assess  the  risks  for  pregnant  and  breastfeeding  women.  If  there  is  a  risk  the  employer 
shall take the necessary steps to ensure that these risks are avoided. 

5.1.3 

Is dismissal prohibited in national law from the beginning of the pregnancy until 
the end of the maternity leave (see Article 10(1) of Directive 92/85)? 

Yes,  but  only  if  the  worker  is  dismissed  on  the  ground  of  pregnancy.  The  statutory 
provisions  on  discrimination  related  to  pregnancy  and  maternity,  maternity  leave, 
paternity  leave,  parental  leave  and  adoption  leave  are  to  be  found  in  the  Equal 
Treatment  Act,  which  contains  a  prohibition  on  discrimination  on  grounds  related  to 
pregnancy and  maternity, maternity leave, paternity leave, parental leave and adoption 
leave, and in the Maternity, Paternity and Parental Leave and Benefit Act which entered 
into force on 3 July 2006. 

Equal Treatment Act section 9. 

21 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
An  employer  may  not  dismiss  an  employee  or  replace  this  with  another  less  favourable 
treatment  because  the  latter  has  insisted  on  exercising  her  right  of  absence,  has  been 
absent  due  to  the  Maternity,  Paternity  and  Parental  Leave  and  Benefit  Act  or  otherwise 
on grounds of pregnancy, childbirth or adoption. 

Is  dismissal  permitted  in  exceptional  cases  as  defined  in  Article  10(1)?  If  so,  please 
explain. 

An employer can dismiss on other grounds. 

If  an  employee  is  made  redundant  during  her  maternity  leave,  the  employer  bears  the 
burden  of  proof.  Public  benefits  will  replace  the  salary  due  to  an  agreement  in  the 
contract,  the  period  of  employment  and  the  collective  agreements,  etc.  Thus,  the 
employee is protected as are other employees. 

5.1.4 

In cases of dismissal from the beginning of pregnancy until the end of maternity 
leave, is the employer obliged to indicate substantiated grounds for the dismissal 
in writing (see Article 10(2) of Directive 92/85)? 

Yes, due to the general employment law in Denmark, the Salaried Employees Act section 
2.  

Salaried Employees Act,  Consolidation Act No.  68, 21 January 2005  as amended by § 7 
of  Act  No.  542,  24  June  2005,  § 58  of  Act  No.  566,  9  June  2006  and  Act  No.  312,  30 
April 2008. 

5.2  Maternity leave 

5.2.1  How  long  (in  days  or  weeks)  is  maternity  leave?  Please  specify  the  relevant 

legislation and Article(s). 

According to sections 6 and 7 of the Maternity, Paternity and Parental Leave and Benefit 
Act (Barselsloven),12 a woman is entitled to up to 18 weeks’ maternity leave, which can 
be extended depending on the health of the mother / foetus.  Please note that collective 
agreements also contain maternal, paternal and parental leave rights for employees.  

Right to absence before childbirth 
A  woman  is  entitled  to  a  leave  of  absence  from  work  due  to  pregnancy  from  the 
beginning of a four-week period preceding the expected date of confinement.  

A pregnant woman is entitled to a leave of absence prior to the four-week period before 
the  date  of  confinement  if  it  appears  from  a  medical  assessment  that  the  pregnancy  is 
taking  an  abnormal  course,  thereby  involving  a  risk  to  the  woman’s  health  or  to  the 
health of the foetus in case of continued employment, or the special nature of the work 
involves a risk to the foetus, or where the pregnancy prevents her from carrying out her 
work  due  to  public  authority  requirements,  and  the  employer  is  unable  to  offer  her  any 
suitable alternative employment.  

Right to absence after childbirth  
A mother shall have a right and a duty to take a leave of absence for the first two weeks 

12   Furthermore, in Denmark statutory provisions on discrimination related to pregnancy and maternity, 

maternity leave, paternity leave, parental leave and adoption leave are mainly found in the Act on Equal 
Treatment of Men and Women as regards Access to Employment etc., which contains a prohibition on 
discrimination on grounds related to pregnancy and maternity, maternity leave, paternity leave, parental 
leave and adoption leave. In addition, the force majeure clause in the Parental Leave Directive (96/34/EC, 
repealed and replaced by 2010/18/EU) has been implemented in the Act on Employees’ Rights to Leave for 
Special Family-Related Reasons, which entered into force on 1 April 2006. 

22 

 
 
 
 
 
 
 
 
 
 
 
 
                                                
after childbirth. Subsequently, she shall be entitled to be absent for another 12 weeks.  

5.2.2 

Is there an obligatory period of maternity leave before and/or after birth? 

Yes. According to section 7 of the Act on Entitlement to Leave and Benefits in the Event 
of  Childbirth  the  mother  has  a  right  and  a  duty  to  take  a  leave  of  absence  for  the  first 
two weeks after childbirth. 

5.2.3 

Is  there  a  legal  provision  insuring  that  the  employment  rights  relating  to  the 
employment contract are ensured in the cases referred to in Articles 5, 6 and 7 
of Directive 92/85? 

Yes, see 5.1.2. 

5.2.4 

Is  there  a  legal  provision  that  ensures  the  employment  rights  relating  to  the 
employment  contract  (including  pay  or  an  adequate  allowance)  during  the 
pregnancy and maternity leave? 

Yes. The Maternity, Paternity and Parental Leave and Benefit Act section 1 is a 
mandatory rule stating that the purpose of the act is to ensure that parents are entitled 
to a leave of absence for pregnancy, childbirth and adoption, and to ensure that parents 
have the labour market right to maternity pay during leave for pregnancy, childbirth and 
adoption, etc. 

5.2.5 

Is  pay  or  an  allowance  during  the  pregnancy  and  maternity  leave  at  the  same 
level as sick leave or is it higher? 

It is the same, EUR 550 per week in 2015. 

Due  to  the  Act  on  Entitlement  to  Leave  and  Benefits  in  the  Event  of  Childbirth  section 
2(1),  all  parents  governed  by  the  act  are  entitled  to  a  leave  of  absence  under  the  Act. 
Under  section  2(2),  benefits  under  the  Act  shall  be  granted  in  the  form  of  maternity 
benefits to employees and self-employed persons. Under section 2(3), it is a condition for 
the  right  to  maternity  benefits  for  the  persons  referred  to  in  subsection  (2)  that  the 
person in question fulfils the employment requirement under section 27 for employees or 
section  28  for  self-employed  persons.  In  accordance  with  section  6(1)  of  the  act,  a 
woman  is  entitled  to  an  absence  from  work  due  to  pregnancy  from  the  beginning  of  a 
four-week period preceding the expected date of confinement.  

There is no ceiling in national law. 

5.2.6  Are  statutory  maternity  benefits  supplemented  by  some  employers  up  to  the 

normal remuneration? 

Yes. Some collective agreements provide for the full salary to be paid during all or a part 
of  the  leave.  Other  collective  agreements  have  a  cap  on  the  salary.  Several  collective 
agreements provide a portion of the parental leave to the father together with the salary. 
Due  to  the  collective  agreement  between  the  State  and  the  union,  the  mother  has  the 
right to her full salary during the maternity leave of six weeks before the expected date 
of  confinement  and  14  weeks  after  birth.  Fathers  are  entitled  to  two  weeks  of  paid 
paternity leave. 

5.2.7  Are  there  conditions  for  eligibility  for  benefits  applicable  in  national  legislation 

(see Article 11(4) of Directive 92/85)? 

Yes. The Maternity, Paternity and Parental Leave and Benefit Act section 3. 

23 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The  right  to  maternity  benefits  depends  upon  the  person’s  legal  residence  in  Denmark. 
The  person  requesting  benefits  must  from  the  beginning  of  the  leave  fulfil  the  EU 
regulation  on  the  coordination  of  social  security  schemes  covered  by  Danish  social 
security legislation. The maternity benefit may be paid while the woman in question has 
been  sent  abroad  by  an  employer  established  in  the  country  of  employment  for  a 
maximum  of  one  year  and  when  issued  the  income  may  be  taxed  in  Denmark.  The 
maternity benefit can also be granted to a person who, during the period of absence, has 
remained abroad for a  certain period which will be disregarded when  assessing whether 
the  employment  requirement  is  met.  Persons  who,  according  to  an  international  social 
security  agreement,  are  subject  to  Danish  social  security  legislation  are  also  entitled  to 
maternity benefits, even if they do not stay in  Denmark. A person who at the start of a 
period  of  absence  is  entitled  to  maternity  benefits  in  accordance  with  the  above  rules 
retains  the  right  to  maternity  benefits  for  the  remainder  of  that  period,  regardless  of 
where the person is living. 

5.2.8 

In  national  law,  is  there  a  provision  that  guarantees  the  right  of  a  woman  to 
return  after  maternity  leave  to  her  job  or  to  an  equivalent  job,  on  terms  and 
conditions  that  are  no  less  favourable  to  her,  and  to  benefit  from  any 
improvement in working conditions to which she would have been entitled during 
her absence (see Article 15 of Directive 2006/54)? 

Yes. Section 8a of the Equal Treatment Act. 

This provision provides that parents who have exercised their right to a leave of absence 
according  to  the  Maternity,  Paternity  and  Parental  Leave  and  Benefit  Act  Sections  6-14 
have  the  right  to  return  to  the  same  or  an  equivalent  job  that  is  no  less  favourable  to 
them,  and  to  benefit  from  any  improvement  in  working  conditions  to  which  they  would 
have been entitled during their absence.  

5.3  Adoption leave 

5.3.1  Does national legislation provide for adoption leave? 

Yes. The Maternity, Paternity and Parental Leave and Benefit Act section 8. 

Prospective adoptive parents who reside abroad to receive a child each have a right to be 
absent from work for up to four weeks before receiving the child. The child is received by 
the  parents  when  the  formal  conditions  to  return  home  with  the  child  are  met. 
Prospective  adoptive  parents,  who  are  to  receive  an  adopted  child  in  Denmark,  are 
entitled to leave for up to one week prior to receiving the child, if the child is not already 
residing in the adopter’s home. In the first 14 weeks after receiving the child one of the 
adopting parents at a time is entitled to leave. There is a right to a simultaneous absence 
for the parents for two consecutive weeks. The right to  be absent under parental leave, 
according to Section 8(7), can start in the first 14 weeks after receiving the child. Section 
8(7) provides: After the 14th week after receiving the child adopters have the right to  a 
leave of absence from work during parental leave according to Sections 9 and 10, i.e. the 
normal  rules  on  parental  leave.  Thus,  adopting  gives  the  same  rights  as  in  the  above 
described maternity situations except  regarding the adoption of children from Denmark, 
in which cases the pre-leave is only one week, according to section 8(3). 

5.3.2  Does national legislation provide for protection against dismissal of workers who 
take  adoption  leave  and/or  specify  their  rights  after  the  end  of  adoption  leave 
(see Article 16 of Directive 2006/54)? 

Yes.  The  same  rights  as  the  above-mentioned  with  regard  to  maternity  leave;  the  act 
concerns all parents. 

24 

 
 
 
 
 
 
 
 
 
 
5.4  Parental leave 

5.4.1  Has Directive 2010/18 been explicitly implemented in your country?  

Yes. The Act on Equal Treatment between Men and Women as regards Employment and 
Occupation was amended with effect from 8 March 2013 in order to implement Directive 
2010/18/EU  of  8  March.  The  amended  Act  entitles  parents  to  request  flexible  working 
arrangements  when  returning  after  a  break  due  to  parental  leave.  In  addition,  the  law 
specifies  that  the  protection  of  pregnancy,  childbirth  or  adoption  not  only  applies  to 
dismissals, but also includes less favourable treatment, and that the rules on the burden 
of  proof  also  apply  to  this  situation.  At  the  same  time  it  states  that  less  favourable 
treatment obliges the employer to pay compensation.  

5.4.2 

Is  the  national  legislation  applicable  to  both  the  public  and  the  private  sector 
(see Clause 1 of Directive 2010/18)? 

Yes. 

5.4.3  Does  the  scope  of  the  national  transposing  legislation  include  contracts  of 
employment  or  employment  relationships  related  to  part-time  workers,  fixed-
term contract workers or persons with a contract of employment or employment 
relationship with a temporary agency? 

Yes. 

5.4.4  What is the total duration of parental leave? If the provisions regarding duration 
differ between the public and the private sector, please address the two sectors 
separately.  

Under  the  present  Danish  rules  on  parental  leave  the  father  and  mother  can  agree  to 
share  the  paid  parental  leave  of  32  weeks  as  they  please.  If  they  want  the  mother  to 
take the whole leave and the father to take no parental leave at all, they are free to do 
so.  

Thus, the total duration of leave in connection with pregnancy and childbirth is 52 weeks 
on full benefit, which for most workers is considerably lower than full pay. The 52 weeks 
firstly include maternity leave, to commence four weeks before the expected confinement 
and  lasting  until  14  weeks  after  the  birth  of  the  child,  secondly  paternity  leave  for  two 
weeks,  and  thirdly  parental  leave  for  32  weeks.  Only  the  mother  can  be  on  maternity 
leave. Only the father can be on paternity leave.  

In the maternity leave period, the father is entitled to two weeks of paternity leave.  

Parents  are  entitled  to  32  weeks  of  a  leave  of  absence  each,  but  they  will  only  receive 
benefits for 32 weeks between them. The duration of parental leave has not been revised 
with  the  entry  into  force  of  Directive  2010/18.  There  is  no  difference  in  the  duration  of 
parental leave in the public sector and the private sector.  

5.4.5 

Is the right of parental leave individual for each of the parents? 

Yes. The right to parental leave as a right to be absent from work is individual for each of 
the  parents.  The  right  to  benefits  is  shared.  If  one  of  the  parents,  for  example  the 
mother,  takes  32  weeks  of  parental  leave  with  benefits,  the  other  parent  can  only  take 
32 weeks of leave of absence with no benefits.  

5.4.6  What  form  can  parental  leave  take  (full-time  or  part-time,  piecemeal,  or  in  the 
form of a time-credit system)? Do the various available options allow taking into 

25 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
account  the  needs  of  both  employers  and  workers  and  if  so,  how  is  that  done 
(see Clause 3 of Directive 2010/18)? 

Parental leave can take the form of full-time or part-time leave. Under Section 11 of the 
Act  on  Maternity,  Paternity  and  Parental  Leave  and  Benefit  employed  workers  have  the 
right to resume work and defer at least eight weeks and a maximum of 13 weeks of the 
leave of absence in accordance with Section 9 of the Act. The right to postpone a leave of 
absence  can  only  be  used  by  one  of  the  parents.  The  deferred  absence  shall,  when 
exercised, be used in a continuous period.  

Section  12  of  the  Act  on  Maternity,  Paternity  and  Parental  Leave  and  Benefit  provides 
that in agreement with the employer, an  employed worker may return to work full time 
or part time.  

In  connection  with  the  agreement  for  the  partial  resumption  of  work  during  absence  it 
can be agreed that the right to a leave of absence is extended for a period corresponding 
to the time during which the work has been resumed.  

In  connection  with  the  agreement  on  returning  to  work  full  time  during  the  absence  it 
can be agreed that the right to a leave of absence is deferred for a period corresponding 
to  the  time  in  which  the  work  has  been  resumed.  If  an  employee  resigns  before  the 
postponed  right  to  a  leave  of  absence  is  utilised,  this  right  is  subject  to  an  agreement 
between the employee and the new employer on the deferred right to a leave of absence. 
The  right  to  return  to  work  does  not  include  the  mother's  absence  during  the  first  two 
weeks after birth. The  various available options thus allow the needs  of both employers 
and workers to be taken into account. 

Under  Section  2  of  the  Act  on  Maternity,  Paternity  and  Parental  Leave  and  Benefit  the 
right to a leave of absence under the Act applies to all parents with no qualifying period. 
The right to maternity, paternity or parental leave benefit, on the other hand, only exists 
if  the  person  claiming  such  a  benefit  has  fulfilled  a  qualifying  period  in  accordance  with 
Section 27 for  employees or Section 28  for the  self-employed. Section 27 of the Act on 
Maternity,  Paternity  and  Parental  Leave  and  Benefit  stipulates  the  employment 
requirements for employees and states that an employee is entitled to maternity benefits 
from  Payment  Denmark  (Udbetaling  Danmark;  the  Danish  authority  which  pays  the 
benefit), where the employee: 

1)  has  participated  in  the  labour  market  continuously  for  the  last  13  weeks  before  the 
period  of  absence  begins  and  during  this  period  has  been  employed  for  at  least  120 
hours; 
2)  would  have  been  entitled  to  unemployment  benefit  or  another  benefit  instead  under 
the Act on Unemployment Insurance, if he or she had not been entitled to benefits under 
this Act; 
3) within the past month has completed vocational training for at least 18 months; 
4) is in work training in a programme that is regulated by or under the Act; or 
5)  is  employed  in  a  flexible  job  according  to  Section  70(c)  of  the  Act  on  Active 
Employment. 

The calculation of the above 13-week period includes periods that the employee: 

- 
- 

- 
- 
- 

has worked as an employee; 
has  worked  as  a  self-employed  person  immediately  prior  to  working  as  an 
employee  and  the  company  has  met  the  employment  requirement  according  to 
Section 28; 
is receiving benefits under the Act on Sickness Benefits or benefits under this Act; 
has received unemployment benefit or an allowance in lieu thereof; 
is on annual leave with pay or holiday pay; 

26 

 
 
 
 
 
 
 
 
- 

- 

has received compensation during a period of notice from the Employees Guarantee 
Fund; or 
is the subject of a labour dispute. 

For self-employed persons’, section 28 of the Maternity, Paternity and Parental Leave and 
Benefit Act grants the right to maternity benefits, subject to the condition that, within the 
last  12  months,  they  have  been  self-employed  for  at  least  half  the  normal  contractual 
working week for at least six months, which includes the last month immediately prior to 
the absence. The condition for the payment of maternity benefits is that the employment 
requirements in Section 27 or 28 have been met at the start of the period of absence. 

In case of successive fixed-term contracts with the same employer (as defined in Council 
Directive  1999/70/EC  on  fixed-term  work),  the  sum  of  these  contracts  is  taken  into 
account for the purpose of calculating the qualifying period. The employer cannot require 
a postponement of the period of leave.  

There are no special arrangements for small firms. There are no special rules/exceptional 
conditions  for  access  to  and  the  modalities  of  the  application  of  parental  leave  to  the 
needs of parents of children with a disability or a long-term illness. 

However,  it  should  be  noted  that  under  the  Directive,  Member  States  may  authorise 
modalities  for  parents  with  disabilities.  Denmark  has  until  now  chosen  not  to  use  this 
possibility.  In  accordance  with  usual  Danish  practice  it  is  up  to  the  parties  to  collective 
agreements  rather  than  the  legislator  to  provide  for  mechanisms  to  promote  the 
maintenance of contact between workers and employers during the period of leave.  

Thus,  the  Danish  regulation  is  compatible  with  the  minimum  requirements  of  the 
Directive. 

5.4.7 

Is  there  a  notice  period  and  if  so,  how  long  is  it?  Does  the  national  legislation 
take sufficient account of the interests of workers and of employers in specifying 
the  length  of  such  notice  periods  and  how  is  that  done?  (see  Clause  3  of 
Directive 2010/18)? 

Under Section 16 of the Act on Maternity, Paternity and Parental Leave and Benefit there 
is a notice period of 16 weeks. 

5.4.8  Did  the  Government  take  measures  to  address  the  specific  needs  of  adoptive 

parents (see Clause 4 of Directive 2010/18)? 

The  right  to  leave  of  absence  regulated  in  the  Act  on  Maternity,  Paternity  and  Parental 
Leave also covers absence in the event of adoption.  

5.4.9 

Is  there  a  work  and/or  length  of  service  requirement  in  order  to  benefit  from 
parental leave?  

Yes.  Under  Section  2  of  the  Act  on  Maternity,  Paternity  and  Parental  Leave  and  Benefit 
the  right  to  a  leave  of  absence  under  the  Act  applies  to  all  parents  with  no  qualifying 
period.  The  right  to  maternity,  paternity  or  parental  leave  benefit,  on  the  other  hand, 
only  exists  if  the  person  claiming  such  a  benefit  has  fulfilled  a  qualifying  period  in 
accordance  with  Section  27  for  employees  or  Section  28  for  the  self-employed.  Section 
27  of  the  Act  on  Maternity,  Paternity  and  Parental  Leave  and  Benefit  stipulates  the 
employment  requirements  for  employees  and  states  that  an  employee  is  entitled  to 
maternity  benefits  from  Payment  Denmark  (Udbetaling  Danmark;  the  Danish  authority 
which pays the benefit), where the employee: 

27 

 
 
 
 
 
 
 
 
 
 
 
 
1)  has  participated  in  the  labour  market  continuously  for  the  last  13  weeks  before  the 
period  of  absence  begins  and  during  this  period  has  been  employed  for  at  least  120 
hours; 
2)  would  have  been  entitled  to  unemployment  benefit  or  another  benefit  instead  under 
the Act on Unemployment Insurance, if he or she had not been entitled to benefits under 
this Act; 
3) within the past month has completed vocational training for at least 18 months; 
4) is in work training in a programme that is regulated by or under the Act; or 
5)  is  employed  in  a  flexible  job  according  to  Section  70(c)  of  the  Act  on  Active 
Employment. 

The calculation of the above 13-week period includes periods that the employee: 
- 
- 

has worked as an employee; 
has  worked  as  a  self-employed  person  immediately  prior  to  working  as  an 
employee  and  the  company  has  met  the  employment  requirement  according  to 
Section 28; 
is receiving benefits under the Act on Sickness Benefits or benefits under this Act; 
has received unemployment benefit or an allowance in lieu thereof; 
is on annual leave with pay or holiday pay; 
has received compensation during a period of notice from the Employees Guarantee 
Fund; or 
is the subject of a labour dispute? 

- 
- 
- 
- 

- 

For self-employed persons’, section 28 of the Maternity, Paternity and Parental Leave and 
Benefit Act grants the right to maternity benefits, subject to the condition that, within the 
last  12  months,  they  have  been  self-employed  for  at  least  half  the  normal  contractual 
working week for at least six months, which includes the last month immediately prior to 
the absence. The condition for the payment of maternity benefits is that the employment 
requirements in Section 27 or 28 have been met at the start of a period of absence. 

In case of successive fixed-term contracts with the same employer (as defined in Council 
Directive  1999/70/EC  on  fixed-term  work),  the  sum  of  these  contracts  are  taken  into 
account for the purpose of calculating the qualifying period. The employer cannot require 
a postponement of the period of leave.  

There are no special arrangements for small firms. There are no special rules/exceptional 
conditions for access to and the modalities of application of parental leave to the needs of 
parents  of  children  with  a  disability  or  a  long-term  illness.  However,  it  should  be  noted 
that  under  the  Directive  Member  States  may  authorise  modalities  for  parents  with 
disabilities. Denmark has until now chosen not to use this possibility. In accordance with 
usual  Danish  practice  it  is  up  to  the  parties  to  collective  agreements  rather  than  the 
legislator  to  provide  for  mechanisms  to  promote  the  maintenance  of  contact  between 
workers and employers during the period of leave.  

Thus,  the  Danish  regulation  is  compatible  with  the  minimum  requirements  of  the 
Directive. 

5.4.10  Are there situations where the granting of parental leave may be postponed for 

justifiable reasons related to the operation of the organisation? 

No. 

5.4.11  Are there special arrangements for small firms? 

No. 

28 

 
 
 
 
 
 
 
 
 
 
5.4.12  Are  there  any  special  rules/exceptional  conditions  for  access  and  modalities  of 
application of parental leave to the needs of parents of children with a disability 
or a long-term illness? 

No. 

5.4.13  Are  there  provisions  to  protect  workers  against  less  favourable  treatment  or 
dismissal  on  the  grounds  of  an  application  for,  or  the  taking  of,  parental  leave 
(see Clause 5 of Directive 2010/18)? 

Yes.  The  same  rights  as  the  above-mentioned  with  regard  to  maternity  leave;  the  act 
concerns all parents. 

5.4.14  Do workers benefitting from parental leave have the right to return to the same 
job or, if this is not possible, to an equivalent or similar job consistent with their 
employment contract or relationship? 

Yes,  according  to  section  8a  of  the  Act  on  Equal  Treatment  of  Men  and  Women  as 
regards  Access  to  Employment,  parents  who  have  exercised  the  right  to  a  leave  of 
absence (due to the Act on  Entitlement to Leave and Benefits in the Event of Childbirth 
sections 6-14,) have the right to return to the same or an equivalent job, which is no less 
favourable to them, and to benefit from any improvement in working conditions that they 
would have been entitled to during their absence. 

5.4.15  Are rights acquired or in the process of being acquired by the worker on the date 
on  which  parental  leave  starts  maintained  as  they  stand  until  the  end  of  the 
parental leave? 

Yes. 

5.4.16  What  is  the  status  of  the  employment  contract  or  employment  relationship  for 

the period of the parental leave? 

The  status  of  the  employment  contract  or  employment  relationship  remains  the  same 
during the period of the parental leave as before the leave, due to section 8a of the Act 
on Equal Treatment of Men and Women as regards Access to Employment. 

5.4.17  Is there continuity of the entitlements to social security cover under the different 

schemes, in particular healthcare, during the period of parental leave? 

Yes. 

5.4.18  Is  parental  leave  remunerated  by  the  employer?  If  so,  how  much  and  in  which 

sectors?  

No. 

5.4.19  Does the social security system in your country provide for  an allowance during 

parental leave? If so, how much and in which sectors? 

Yes. Approx. EUR 550 per week for 32 weeks, see above 

5.4.20  In  your  view,  regarding  which  issues  does  the  national  legislation  apply  or 
introduce more favourable provisions (see Clause 8 of Directive 2010/18)? 

29 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Danish law complies with the Directive but provides nothing extra in terms of favourable 
parental leave provisions, except for what was already mentioned above (ex. 32 weeks of 
a leave of absence per parent). 

5.5  Paternity leave 

5.5.1  Does national legislation provide for paternity leave? 

Yes. Maternity, Paternity and Parental Leave and Benefit Act section 7(3) 

A father or co-mother has the right to leave for two weeks after the delivery or the 
receipt of a child in the home or, with the agreement of the employer, within the first 14 
weeks after the birth. 

5.5.2  Does national legislation provide for protection against dismissal of workers who 
take  paternity  leave  and/or  specify  their  rights  after  the  end  of  paternity  leave 
(see Article 16 of Directive 2006/54)? 

Yes.  The  same  rights  as  the  above-mentioned  with  regard  to  maternity  leave;  the  act 
concerns all parents. 

5.6  Time off/care leave 

5.6.1  Does  national  legislation  entitle  workers  to  time  off  from  work  on  grounds  of 
force  majeure  for  urgent  family  reasons  in  case  of  sickness  or  accident  (see 
Clause 7 of Directive 2010/18)? 

Yes. Workers are entitled to time off from work on grounds of force  majeure for urgent 
family reasons in case of sickness or an accident.  

The  force  majeure  clause  in  the  Parental  Leave  Directive  has  been  implemented  in  the 
Act  on  Employees’  Rights  to  Leave  for  Special  Family-Related  Reasons,  which  entered 
into force on 1 April 2006.  

The conditions for having access to such time off from work or more detailed rules have 
not  been  further  specified.  The  entitlement  to  such  time  off  from  work  has  not  been 
limited to a certain amount of time per year and/or per case. 

In the Act on Social Service, Consolidation Act No. 1284, 17 November 2015, section 42 
concerns  economic  compensation  in  the  event  of  leave  to  take  care  of  children  with  a 
severe  illness  or  handicap.  Under  sections  118  and  119,  an  employee  may  be  granted 
leave from work to take care of close relatives with a substantial and permanent physical 
or mental incapacity or incurable disorder, or a relative who is in a terminal condition. In 
such cases, the employee on leave will be employed by the local council to take care of 
the relative who is ill at home. The payment is approximately EUR 2 500 per month for a 
maximum period of six months to be prolonged by three months in special cases. Under 
section 120 of the act, an employee can either be awarded a public remuneration to care 
for  a  dying  family  member  or  agree  with  the  employer  on  a  reduced  time  without  a 
salary reduction. In the latter case, the employer receives a salary reimbursement from 
the municipality. 

5.7  Leave in relation to surrogacy 

5.7.1 

Is parental leave available in case of surrogacy?  

Under the Maternity, Paternity and Parental Leave and Benefit Act section 13, the mother 
is  entitled  to  a  leave  of  absence  for  14  weeks  after  the  child's  adoption,  if  the  child  is 

30 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
given up for adoption before the 32nd week after the birth. In cases where the mother is 
suffering from a pregnancy-related illness, a prolonged absence is possible, but only until 
46 weeks after birth.  

Parental  leave  is  not  available  in  the  case  of  surrogacy,  which  might  result  in  a  very 
insecure legal position, in particular for a woman who tries to become the legal mother to 
a  child  carried  by  another  woman.  Under  Section  31  of  the  Children  Act  an  agreement 
that a woman who gives birth to a child after birth shall surrender the baby to someone 
else is invalid. Under Section 33 of the Adoption Act help must not be given or received 
in order to make a connection between a woman and another who wants the woman to 
give birth to a child for the adoptive mother. 

5.8  Leave sharing arrangements 

5.8.1  Does national law provide a legal right to share (part of) maternity leave? 

No. 

5.8.2 

Is there a possibility for one parent to transfer part of the parental leave to the 
other parent?  

Yes.  Parents  can  share  the  parental  leave,  which  makes  a  transfer  irrelevant.  To  some 
extent,  there  are  flexible  parental  leave  arrangements  in  Denmark.  Flexibility  in  most 
cases requires that there is an agreement  with the  employer. This possibility of  sharing 
leave  between  the  parents  in  practice  mostly  leads  to  traditional  gender  roles,  where 
mothers make use of all or the main part of the parental leave. 

5.9  Flexible working time arrangements 

5.9.1  Does  national  law  provide  workers  with  a  legal  right  (temporarily  or  otherwise) 

to reduce working time on request? 

Yes, but only to some extent. This is governed by the Equal Treatment Act. 

According  to  the  Equal  Treatment  Act  section  8a(2),  the  employee  has  the  right  to  ask 
the  employer  about  changes  to  her  working  hours  and  work  patterns  within  a  specified 
period, when the employee returns from maternity leave.  

It is not a legal right to obtain modified work schedules.  

The  employer  is  obliged  to  consider  the  written  application  from  the  employee  and  to 
provide a written response.  

Under the  Equal Treatment Act section 9, the employer cannot  expose the employee to 
'less favourable treatment' if the employee has applied for modified work schedules. 

Under  Section  16  (2)  of  the  Equal  Treatment  Act  the  employer  must  provide 
compensation  if  an  employee  is  dismissed  or  if  an  employee  is  experiencing  less 
favourable treatment contrary to section 9 of the act. 

In  accordance  with  the  Maternity,  Paternity  and  Parental  Leave  and  Benefit  Act  it  is 
possible to extend the parental leave with some degree of public benefits.  

Parents  who  are  employees  and  who  are  entitled  to  parental  leave  under  the  Act  may 
postpone eight to 13 weeks of the 32-week parental leave.  

31 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Only  one  parent  may  postpone  parental  leave  and  the  postponed  leave  must  be  kept 
together and be taken before the child is nine years of age.  

The employee is not entitled to partially resume work at the same time.  

The  right  to  return  to  prior  working  arrangements  is  to  some  extent  protected,  if  the 
prior work still exists.  

With  regard  to  collective  agreements  and  a  change  of  working  hours  after  maternity 
leave, for example: The collective agreement in the financial sector: Parents with children 
under 12 years of age are entitled to an agreement on reduced working hours. According 
to the collective agreement in the financial sector, Clause 80, employees are entitled to a 
reduction  in  working  hours  from  the  traditional  37  hours  to  30  hours  per  week.  There 
must  be  an  agreement  with  the  employer.  The  agreement  should  apply  for  a  period  of 
three to 12 months. It is also possible to arrange for four periods of three months. It is a 
requirement  that  the  parties  conclude  a  specific  agreement  for  each  period.  The 
employer  can  refuse  to  enter  into  the  contract  if  it  is  inconsistent  with  the  operational 
conditions.  In  such  situations,  the  employer  must  then  discuss  the  rejection  with  the 
trade union representative, and explore alternative options. 

5.9.2  Does  national  law  provide  workers  with  a  legal  right  to  adjust  working  time 

patterns (temporarily or otherwise) on request? 

No. The parties can agree on an adjustment to the working hours, a time credit and time 
accounts in the employment contract and by collective agreements.  

The working hours and patterns must appear in the employment contract. Thus, the time 
for  work  is  agreed  in  individual  contracts  between  the  employer  and  employee  but 
contractual freedom can be limited by regulation and collective agreements.  

The  employer  bears  the  responsibility  that  the  agreements  comply  with  legislation  and 
collective provisions, including agreements on working time.  

The standard working week for full-time employees is 37 hours a week.  

According to the Danish Working Environment Act, for every 24 hours an employee must 
have at least 11 consecutive hours  of  rest. Furthermore, an employee must never work 
more  than  six  consecutive  days.  This  is  therefore  in  compliance  with  Directive 
2000/34/EC of the European Parliament and of the Council of 22 June 2000. 

5.9.3  Does  national  law  provide  workers  with  a  legal  right  to  work  from  home  or 

remotely (temporarily or otherwise) on request? 

No. In some sectors, this can be agreed between the parties to the employment contract, 
but then the main rules on rest periods and rest days will apply to employees who work 
at home and the employee must have 11 hours of rest in each period of 24 hours and a 
weekly day off. However, there might be exemptions from the rules on rest periods and 
rest  days  when  working  at  home  if  the  employee  organizes  the  working  hours 
him/herself or if the working hours are due to the specific characteristics of the work and 
cannot  be  measured  or  predetermined.  In  this  case,  the  employee  must  be  given  a 
compensatory period of rest. 

In  some  parts  of  the  public  sector,  employees  have  been  restricted  by  law  or  collective 
agreements  from  the  possibility  to  work  from  home,  see  Act  on  the  Extension  and 
Renewal  of  Collective  Agreements  and  Agreements  for  Certain  Groups  of  Employees  in 
the  Public  Sector,  No.  409,  26  April  2013.  The  same  principle  has  been  adopted  in  the 
collective  agreement  concerning  high  school  teachers.  Both  the  law  and  the  collective 

32 

 
 
 
 
 
 
 
 
 
 
 
 
agreement  are  applicable  from  August  2014.  Thus,  employees  in  specific  parts  of  the 
public  sector  have,  both  by  law  and  by  collective  agreements,  been  precluded  from  the 
possibility to work at home. This has occurred for primary school teachers by a legal act 
and high school teachers by collective agreements. The teachers must be present at work 
throughout  the  working  day.  It  is  the  management  that  determines  where  a  teacher  is 
required to work. This was adjusted in some municipalities by local agreements between 
the school board and the municipality in 2015. 

5.9.4  Are  there  any  other  legal  rights  to  flexible  working  arrangements,  such  as 

arrangements by which workers can “bank” hours to take time off in the future? 

No. 

33 

 
 
 
6 

Occupational social security schemes (Chapter 2 of Directive 2006/54) 

6.1  Is  direct  and  indirect  discrimination  on  grounds  of  sex  in  occupational 

social security schemes prohibited in national law? 

Yes.  The  principle  of  equal  treatment  for  men  and  women  in  occupational  pension 
schemes  is  governed  in  Denmark  by  the  Act  on  Equal  Treatment  between  Men  and 
Women  in  Insurance,  Pensions  and  Similar  Matters.  In  Denmark  most  occupational 
pension schemes are defined as contribution schemes. During the last 25 years a number 
of  pension  schemes  have  been  established  in  connection  with  the  renewal  of  collective 
agreements  in  1989  and  1993.  Most  of  these  schemes  use  actuarial  calculations  that 
result  in  women  receiving  the  same  monthly  benefits  as  men  for  whom  identical 
contributions have been paid.  

This  is  known  as  the  unisex  basis  of  actuarial  calculations.  A  few  older  schemes,  for 
example the one applying to lawyers, have also adopted the unisex calculation. 

In 1998, a new Act providing for unisex occupational pension schemes was adopted. The 
main provision in the Act prohibits provisions in occupational pension schemes according 
to  which  men  and  women  are  treated  differently  on  grounds  of  sex  as  regards  the 
determination and calculation of contributions and benefits.  

Of  special  importance  is  that  the  Act  prohibits  both  different  contributions  and  different 
benefits,  also  in  cases  where  the  reason  for  different  treatment  is  actuarial  factors. 
However,  the  prohibition  of  sexual  differentiation  on  grounds  of  actuarial  factors  only 
applies to workers who joined the scheme after 1 July 1999. 

6.2  Is  the  personal  scope  of  national  law  relating  to  occupational  social 
security  schemes  the  same,  more  restricted,  or  broader  than  specified  in 
Article  6  of  Directive  2006/54?  Please  explain  and  refer  to  relevant  case 
law, if any. 

The same. 

6.3  Is  the  material  scope  of  national  law  relating  to  occupational  social 
security  schemes  the  same.  more  restricted,  or  broader  than  specified  in 
Article  7  of  Directive  2006/54?  Please  explain  and  refer  to  relevant  case 
law, if any. 

The same. 

6.4  Has  national  law  applied  the  exclusions  from  the  material  scope  as 

specified in Article 8 of Directive 2006/54? 

No. 

6.5  Are  there  laws  or  case  law  which  would  fall  under  the  examples  of  sex 

discrimination as mentioned in Article 9 of Directive 2006/54?  

No. 

6.6  Is sex used as an actuarial factor in occupational social security schemes?  

No. 

34 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6.7  Are  there  specific  difficulties  in  your  country  in  relation  to  occupational 
social security schemes, for example due to the fact that security schemes 
in  your  country  are  not  comparable  to  either  statutory  social  security 
schemes  or  occupational  social  security  schemes?  If  so,  please  explain 
with reference to relevant case law, if any. 

No. 

35 

 
 
 
7 

Statutory schemes of social security (Directive 79/7) 

7.1  Is the principle of equal treatment for men and women in matters of social 

security implemented in national legislation? 

Yes.  In  connection  with  the  implementation  of  Directive  79/7/EEC,  Denmark  revised  its 
social security legislation to make it sex-neutral with effect from 1984.  

Denmark therefore did not opt to make use of the possibilities for derogation provided by 
the Directive, but instead chose to make its social security legislation gender-neutral. 

7.2  Is  the  personal  scope  of  national  law  relating  to  statutory  social  security 
schemes  the  same,  more  restricted,  or  broader  than  specified  in  Article  2 
of Directive 79/7? Please explain and refer to relevant case law, if any. 

No. 

7.3  Is  the  material  scope  of  national  law  relating  to  statutory  social  security 
schemes  the  same,  more  restricted,  or  broader  than  specified  in  Article  3 
par.  1  and  2  of  Directive  79/7?  Please  explain  and  refer  to  relevant  case 
law, if any. 

No. 

7.4  Has  national  law  applied  the  exclusions  from  the  material  scope  as 
specified in Article 7 of Directive 79/7? Please explain (specifying to what 
extent the exclusions apply) and refer to relevant case law, if any. 

No. 

7.5  Is sex used as an actuarial factor in statutory social security schemes?  

No. 

7.6  Are  there  specific  difficulties  in  your  country  in  relation  to  implementing 
Directive 79/7? For example, due to the fact that security schemes in your 
country  are  not  comparable  to  either  statutory  social  security  schemes  or 
occupational  social security schemes? If  so, please explain with reference 
to relevant case law, if any. 

Denmark  implemented  Directive  79/7  in  1980  by  removing  all  direct  discriminatory 
elements  in  the  legislation  (one  example  is  the  widows  pension  which  was  abolished  in 
1980).  However,  the  principle  on  equal  treatment  of  men  and  women  with  regard  to 
social  security  was  first  made  visible  by  legislation  in  2000  when  the  Equality  Act  was 
passed.  Therefore  the  principle  on  equal  treatment  of  men  and  women  with  regard  to 
social  security  has  been  rather  invisible  in  Danish  legislation  until  2000.  There  is  very 
little  Danish  case  law  on  the  directive.  One  example  is  a  Supreme  Court  decision  from 
2004 published in U.2005.602H. This case concerned the compensation level for sickness 
benefit  for  a  person  who  was  on  parental  leave.  The  compensation  level  was  calculated 
on the basis of the paternity benefit and not on the basis of the income before paternity 
leave.  Since  most  women  take  maternity  leave  this  calculation  was  argued  to  be 
indirectly  discriminatory.  The  Supreme  Court  however  found  that  the  calculation  of  the 
compensation level was not discriminatory but rather expressed the general principle  for 
calculation of social security benefits.  

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8 

Self-employed  workers  (Directive  2010/41/EU  and  some  relevant 
provisions of the Recast Directive) 

8.1  Has Directive 2010/41/EU been explicitly implemented in national law? 

Yes. The Directive on  self-employed and helping spouses is implemented in Denmark in 
the  Equal  Treatment  Act  section  5a,  which  extends  the  prohibition  against  sex 
discrimination  to  anyone  who  makes  decisions  on  access  to  or  conditions  of  work  as  a 
self-employed person or helping spouse.  

8.2  What  is  the  personal  scope  related  to  self-employment  in  national 
legislation?  Has  your  national 
law  defined  self-employed  or  self-
employment?  Please  discuss  relevant  legislation  and  national  case  law 
(see Article 2 Directive 2010/41/EU) 

No, there is no specific act on self-employment in Denmark. 

to  Employment  (Liegebehandlingsloven)  and 

In  Denmark,  gender  equality  in  employment  and  self-employment  is  governed  by  the 
Equal Pay Act (Ligelønsloven), the Act on Equal Treatment of Men and Women as regards 
Access 
the  Gender  Equality  Act 
(Ligestillinsloven).  These  three  acts  complement  each  other.  Most  provisions  on  the 
principle  of  equal  treatment  between  men  and  women  engaged  in  an  activity  in  a  self-
employed  capacity,  or  contributing  to  the  pursuit  of  such  a  capacity,  are  found  in  the 
Equal  Treatment  in  Employment  and  Occupation  Act.  However,  there  is  no  definition  of 
self-employment in Danish law. 

8.3  Related  to  the  personal  scope,  please  specify  whether  all  self-employed 
workers  are  considered  part  of  the  same  category  and  whether  national 
legislation recognises life partners. 

Yes. National law does not have specific rules defining life partners. Danish law does not 
in  general  treat  life  partners  as  married  people.  Danish  law  distinguishes  between  legal 
rights, taxation and the transfer of money between married couples and life partners.  

With regard to the taxation of the life partner of a self-employed person, the life partner 
does not have the same rights as a married partner, due to the Act on Taxation at source 
(Kildeskatteloven), No. 1403, 7 December 2010, section 4(1), section 10(3), and the Act 
on  the  Taxation  of  Personal  income  (Personskatteloven),  No.  1163,  8  October  2015, 
section 7(5-10) and section 8 a (4). 

The  married  partner  can  be  jointly  taxed  with  the  self-employed  person.  This  is  not 
possible for a life partner.  

Thus, in general, life partners are not  recognised as  equal to spouses. But  on the  other 
hand, the directive is not clear with regard to the obligations that must be implemented 
in national law.  

In the leading Supreme Court judgment,13 there is a difference between the legal position 
of  unmarried  life  partners  and  spouses,  not  only  with  regard  to  self-employed  workers 
but  also  in  general.  This  judgment  did  not  concern  self-employed  workers  but 
compensation  with  regard  to  taxation  due  to  the  cessation  of  cohabitation  between  life 
partners  and  stated  that  it  is  a  legal  right  that  a  State  treats  spouses  and  life  partners 
differently.  

13   Supreme Court, U2012, 1629 H, case No. 94/2010 of 01-02-2012. 

37 

 
 
 
 
 
 
 
 
 
 
 
 
                                                
8.4  How has national law implemented Article 4 Directive 2010/41/EU? Is the 
material  scope  of  national  law  relating  to  equal  treatment  in  self-
employment the same, more restricted, or broader than specified in Article 
4 Directive 2010/41/EU? 

The  Directive  on  self-employed  persons  and  helping  spouses  was  implemented  in 
Denmark  in  the  Equal  Treatment  Act,  which  extends  the  prohibition  against  sex 
discrimination  to  anyone  who  makes  decisions  on  access  to  or  conditions  of  work  as  a 
self-employed person or helping spouse, see section 5 of the act. 

8.5  Has  your  State  taken  advantage  of  the  power  to  take  positive  action  (see 
Article  5  Directive  2010/41/EU)?  If  so,  what  positive  action  has  your 
country taken? In your view, how effective has this been? 

No. 

8.6  Does  your  country  have  a  system  for  social  protection  of  self-employed 

workers (see Article 7 (Directive 2010/41/EU)? 

Yes. Under section 45 of the Sickness Benefits Act, Consolidation Act No. 938, 12 August 
2015, a self-employed worker and spouse can take out insurance cover.  

It  follows  from  section  45  that  individuals,  who  have  an  income  from  self-employment, 
are  ensured  the  right  to  sickness  benefits  from  the  municipality  during  the  first  two 
weeks of the period of illness. The sickness benefit is approx. EUR 600 per week. 

The premium for sickness insurance is determined relative to the amount of guaranteed 
sick  pay  and  the  period  it  covers.  The  total  premiums  must  be  fixed  so  that  they  are 
estimated to cover 55 % of expenditure of the guaranteed sick pay from the third day of 
absence, and 85 % if guaranteed sick pay from the first day of absence.  

The  Minister  for  Employment  shall  lay  down  rules  for  sickness  insurance  for  the  self-
employed,  including  rules  on  the  amount  of  the  price,  the  collection  of  premium 
contribution  fees  for  a  failure  to  pay  for  the  premium  admission  on  time,  resignation, 
exclusion, etc. 

8.7  Has  Article  8  Directive  2010/41/EU  regarding  maternity  benefits  for  self-

employed been implemented in national law?  

Yes. Act on Maternity for Self-employed Workers, No. 596, 12 June 2013. 

This is a mandatory act demanding, under section 2, that all self-employed workers must 
pay approx. EUR 45 per year to a foundation regarding maternity insurance. 

The act meets the requirement of sufficiency in Article 8(3) and uses criterion (a).  

With reference to Article 8(2), the maternity allowance is granted on a mandatory basis 
and there is no choice. It is administrated by the state. 

In  relation  to  Article  8(4)  there  were  no  existing  services  supplying  temporary 
replacements or existing national social services. 

8.8  Has national law implemented the provisions regarding occupational social 
security  for  self-employed  persons  (see  Article  10  of  Recast  Directive 
2006/54)? 

Yes. See above in section 8.6 of this report.  

38 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.9  Has  national  law  made  use  of  the  exceptions  for  self-employed  persons 
regarding  matters  of  occupational  social  security  as  mentioned  in  Article 
11  of  Recast  Directive  2006/54?  Please  describe  relevant  law  and  case 
law. 

No. 

8.10 Is  Article  14(1)  (a)  of  Recast  Directive  2006/54  implemented  in  national 

law as regards self-employment? 

Yes. The Equal Treatment Act section 5 

Equal treatment also applies to any person who introduces provisions and takes decisions 
on access to exercise an independent profession. This also applies to the establishment, 
equipping  or  extension  of  a  business  or  the  launching  or  extension  of  any  other  form 
independent activity, including its financing. 

39 

 
 
 
 
 
 
9 

Goods and services (Directive 2004/113) 

9.1  Does national law prohibit direct and indirect discrimination on grounds of 

sex in access to goods and services? 

Yes.  Denmark  has  had  a  Gender  Equality  Act  since  2000.  In  2007,  Denmark  partially 
implemented the Supply of Goods and Services Directive, except for Article 5 on gender 
equality  and  actuarial  factors  in  insurance  contracts,  which  is  governed  in  the  Act  on 
Equal Treatment of Men and Women in Insurance, and Similar Financial Matters. 

9.2  Is  the  material  scope  of  national  law  relating  to  access  to  goods  and 
services more  restricted or broader than  specified in  Article  3  of Directive 
2004/113? Please explain and refer to relevant case law, if any. 

Directive  2004/113  has  been  merged  into  the  pre-existing  Gender  Equality  Act.  In 
general,  the  definitions  and  substantive  provisions  of  Directive  2004/113  are  correctly 
transposed into Danish law.  

9.3  Has  national  law  applied  the  exceptions  from  the  material  scope  as 
specified  in  Article  3(3)  of  Directive  2004/113,  regarding  the  content  of 
media, advertising and education? 

No. 

9.4  Have  differences  in  treatment  in  the  provision  of  the  goods  and  services 
been  justified  in  national  law  (see  Article  4(5)  of  Directive  2004/113)? 
Please provide references to relevant law and case law. 

Yes,  In  the  Gender  Equality  act,  section  3a.  This  section  implements  the  article  4(5)  in 
the directive. 

9.5  Does national law ensure that the use of sex as a factor in the calculation 
of  premiums  and  benefits  for  the  purposes  of  insurance  and  related 
financial  services  shall  not  result  in  differences  in  individuals'  premiums 
and benefits (see Article 5(1) of Directive 2004/113)? 

Yes. The Act on Equal Treatment of Men and Women in Insurance, and Similar Financial 
Matters, Consolidation Act No. 950, 4 August 2015, section 5. 

The  purpose  of  the  act  is  to  ensure  the  equal  treatment  of  women  and  men  1)  in  the 
working  population,  including  the  self-employed,  workers  who  are  temporarily  out  of 
work  due  to  illness,  maternity,  accidents  or  involuntary  unemployment  and  persons 
seeking  employment,  and  retired  and  disabled  workers  and  those  claiming  under 
relatives  in  the  occupational  schemes,  and  2)  the  purpose  of  insurance  and  related 
financial services.  

9.6  How  has  the  exception  of  Article  5(2)  of  Directive  2004/113  been 
interpreted in your country? Please report on the implementation of the C-
236/09 Test-Achats ruling in national legislation. 

The  Act  on  Equal  Treatment  of  Men  and  Women  in  Insurance,  and  Similar  Financial 
Matters  was  amended  in  2012  and  2014  to  adopt  the  CJEU  decision  in  the  Test-Achats 
case.  

Sections 5 and 18 of the Act on Equal Treatment between Men and Women in Insurance, 
Pension and Similar Matters was adjusted after the C-236/09, Test-Achats case in 2012 
(Act No. 1287, 19 December 2012) and in 2014 (Act No. 403, 28 April 2014). 

40 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
2012 amendment: 
Section  18b  of  the  act  relates  to  the  use  of  gender  as  a  factor  in  calculating  premiums 
and benefits for insurance and related financial services. In the existing Danish Act it was 
possible,  due  to  section  18b  (2-4),  to  use  gender  as  a  parameter  in  the  calculations. 
Following the CJEU’s decision in Test-Achats, these provisions were deleted in Danish law 
in 2012. 

2014 amendment: 
In  2014,  section  5(2)  of  the  act  was  abolished  following  the  Test-Achats  ruling.  Before 
the adjustment of the act, there was an opportunity to emphasise gender with regard to 
pension arrangements. With the legislative amendment, the entire area of insurance and 
pensions is now subject to a unisex principle. 

9.7  Has your country adopted positive action measures in relation to access to 
and  the  supply  of  goods  and  services  (see  Article  6  of  Directive 
2004/113)? 

No. 

9.8  Are there specific problems of discrimination on the grounds of pregnancy, 
maternity  or  parenthood  in  your  country  in  relation  to  access  to  and  the 
supply of goods and services? Please briefly describe relevant case law. 

No. 

41 

 
 
 
 
 
 
10  Violence  against  women  and  domestic  violence  in  relation  to  the  Istanbul 

Convention 

10.1 Has your country ratified the Istanbul Convention? 

Yes. In Act No. 168, 26 February 2014, an amendment to the Criminal Law Act (Lov om 
ændring  af  straffeloven  (Gennemførelse  af  Europarådets  konvention  til  forebyggelse  og 
bekæmpelse af vold mod kvinder og vold i hjemmet). The act came into force on 1 July 
2014.  

Denmark has ratified the Istanbul Convention. It is stated in the preparatory works to the 
ratification act that almost the whole content in the convention was already in compliance 
with  the  obligations  in  the  convention,  and  only  a  few  new  rules  were  needed,  see  the 
amended act to the Criminal Law Act, No. 168, 24 February 2014.14 

However,  Denmark  has  not  implemented  stalking  as  a  specific  crime  in  the  Danish 
Criminal Law Act. 

The following was introduced to the Criminal Law Act section 94(4) following Denmark’s 
accession to the Istanbul Convention:  

Section  94  of  the  Criminal  Law  Act  has  been  changed.  In  section  94,  subsection  4,  the 
limitation  period  to  present  a  complaint  has  been  prolonged  with  regard  to  notification. 
Thus,  the  limitation  period  will  start  from  the  date  the  victim  is  21,  if  the  victim  was 
under  18  or  for  children  under  15  when  the  crime  was  committed.  Furthermore,  forced 
marriage, forced abortion, forced sterilization were added to the list of crimes in the act. 

14   Latest version of the Criminal Law Act: Consolidation Act No. 873, 9 July 2015 as amended by Act No. 152, 

18 February 2015. 

42 

 
 
 
 
 
 
 
 
 
 
                                                
11  Enforcement  and  compliance  aspects  (horizontal  provisions  of  all 

directives)  

11.1 Victimisation 

11.1.1  Are  the  provisions  on  victimisation  implemented  in  national  legislation  and 

interpreted in case law?  

Yes. The provision on victimisation in the underlying directives is repeated in the Danish 
implementing legislation.  

The protection against victimisation complies with the Directives. 

11.2 Burden of proof 

11.2.1  Does  national  legislation  and/or  case  law  provide  for  a  shift  of  the  burden  of 

proof in sex discrimination cases? 

Yes. The Equality Act section 2. 

The provisions on the shared burden of proof in the underlying directives are repeated in 
the Danish gender equality legislation. In addition, the Equal Treatment Act provides for 
a reversal of the burden of proof in the case of a dismissal during pregnancy, maternity, 
paternity or parental leave. 

Under  section  2  of  the  act  no  person  shall  expose  another  person  to  direct  or  indirect 
discrimination  on  grounds  of  sex.  An  instruction  to  discriminate  against  persons  on 
grounds  of  sex  shall  be  deemed  to  be  discrimination.  Direct  discrimination  is  when  a 
person on the ground of sex is treated less favourably than another is, has been or would 
be  treated  in  a  comparable  situation.  Indirect  discrimination  is  where  a  provision, 
criterion  or  practice  which  is  apparently  neutral  would  put  persons  of  one  sex  at  a 
particular  disadvantage  compared  with  persons  of  the  other  sex,  unless  that  provision, 
criterion  or  practice  is  objectively  justified  by  a  legitimate  aim  and  the  means  of 
achieving that aim are appropriate and necessary.  

If  a  person  considers  that  he/she  has  been  wronged  and  there  are  facts  from  which  it 
may  be  presumed  that  there  has  been  direct  or  indirect  discrimination,  it  is  up  to  the 
opposing  party  to  prove  that  the  principle  of  equal  treatment  has  not  in  fact  been 
violated. 

The  rules  on  the  burden  of  proof  comply  with  EU  law,  specifically  in  light  of  case 
C-415/10 Kelly and Meister. 

11.3 Remedies and Sanctions  

11.3.1  What  types  of  remedies  and  sanctions  (e.g.  compensation,  reinstatement, 
criminal sanctions, administrative fines etc.) exist in your country for breaches of 
EU gender equality law? Please specify the applicable legislation. 

Under  the  Equal  Treatment  Act  the  typical  sanction  for  a  breach  of  the  duty  not  to 
discriminate  on  grounds  of  sex  is  compensation,  which  may  cover  both  economic  and 
non-economic loss.  

In  equal  pay  cases  the  typical  remedy  is  the  payment  of  the  difference  in  payment 
between  the  woman  and  the  male  comparator.  Interest  to  compensate  for  the  loss 
sustained  can  be  awarded.  The  substantive  right  to  equal  pay  or  compensation  for  a 
breach  of  the  ban  on  sex  discrimination  will  usually  be  time-barred  after  five  years.  In 

43 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
principle  a  fine  can  also  sanction  violations  of  the  Equal  Treatment  Act.  In  practice  that 
only happens in  the case of  sex-discriminatory job advertisements. There is no criminal 
sanction in the Equal Pay Act.  

The  consequences  (remedies  and  sanctions,  civil  and/or  criminal)  in  a  case  of 
discriminatory harassment are the same as for other discrimination cases.  

In  case  law  in  employment  cases,  the  typical  remedy  against  the  employer  who  is  the 
addressee  is  monetary  compensation.  For  the  harasser/fellow  worker  who  is  not  an 
addressee there is no remedy under discrimination law.  

It  is  a  breach  of  the  duties  under  the  employment  contract  to  commit  unlawful 
harassment. Depending on the concrete circumstances it may give the employer the right 
under  employment  law  to  take  disciplinary  measures,  to  transfer  the  worker  to  other 
work and in serious cases to dismiss him/her.  

11.3.2  In  your  opinion,  do  the  remedies  and  sanctions  meet  the  standards  of  being 
effective,  proportionate  and  dissuasive?  Please  explain,  if  possible  referring  to 
relevant legislation or case law.  

Yes.  The  Danish  remedies  and  sanctions  meet  the  standards  of  being  effective, 
proportionate and dissuasive and are enforced when heard in the courts or by complaint 
boards.  The  typical  sanction  for  a  breach  of  the  duty  not  to  discriminate  on  grounds  of 
sex  is  to  pay  the  victim  compensation,  which  may  cover  both  economic  and  non-
economic losses.  

11.4 Access to courts 

11.4.1  In  your  opinion,  is  the  access  to  courts  safeguarded  for  alleged  victims  of  sex 
discrimination?  Please  explain  and  discuss  particular  difficulties  and  barriers 
victims of sex discrimination have encountered. Refer to relevant legislation and 
case law. 

Yes,  access  to  the  courts  and  complaint  boards  is,  as  stated,  more  than  satisfactory  in 
Denmark. I do not have any further comments. 

11.4.2  In  your  opinion, 

for  anti-
discrimination/gender  equality  interest  groups  or  other  legal  entities?  Please 
explain and refer to relevant legislation and case law. 

the  access 

safeguarded 

courts 

to 

is 

Yes,  access  to  the  courts  and  complaint  boards  is,  as  stated,  more  than  satisfactory  in 
Denmark. I do not have any further comments. 

11.4.3  What kind of legal aid is available for alleged victims of gender discrimination? 

No  specific  legal  aid  is  available  in  gender  discrimination  cases.  If  an  alleged  victim  of 
gender  discrimination  seeks  guidance  on  how  to  get  access  to  complaint  board,  the 
person can contact the Equality Complaints Board directly. 

Alleged  victims 
the  Equality  Complaints  Board 
(Ligebehandlingsnævnet)  but  only  by  means  of  written  evidence.  All  cases  can  be 
brought before the ordinary courts, which can hear all kinds of evidence.  

complaints  with 

can 

file 

Thus,  there  are  no  special  rules  for  equality  cases  on  access  to  the  courts.  Alleged 
victims of discrimination will clearly have access. For interest groups their legal standing 
depends on how concrete an interest they have in the case.  

44 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
11.5 Equality body  

11.5.1  Does  your  country  have  an  equality  body  that  seeks  to  implement  the 

requirements of EU gender equality law? 

Yes.  The  Equality  Complaints  Board  (Ligebehandlingsnævnet)  has  the  competence  to 
decide  on  individual  complaints.  All  decisions  from  the  Equality  Complaints  Board  are 
published in full text in Danish on the Board’s website: www.ligebehandlingsnaevnet.dk 

The  board  does  not  have  the  competence  to  produce  reports  and  recommendations  on 
sex equality issues.  

11.6 Social partners  

11.6.1  What  kind  of  role  do  the  social  partners  in  your  country  play  in  ensuring 
compliance  with  and  enforcement  of  gender  equality  law?  Are  there  any 
legislative provisions in this respect? 

Generally, the social partners play a predominant role on the Danish labour market. If a 
claim is  based  on  a  collective  agreement  the  social  partners  are  the  only  ones  who  can 
enforce  it.  In  addition,  most  employment  law  cases  brought  before  the  ordinary  courts 
are brought by a trade union on behalf of a member.  

11.7 Collective agreements 

11.7.1  To  what  extent  does  your  country  have  collective  agreements  that  are  used  as 
means to implement EU gender equality law? Please indicate the legal status of 
collective  agreements  in  your  country  (binding/non-binding,  usually  declared  to 
be generally applicable or not).  

On  the  one  hand,  collective  agreements  –  just  as  other  contracts  they  bind  the  parties 
thereto and no one else – are, however, a very important source of law in Denmark. 

Gender  equality  legislation  is  subsidiary  to  collective  agreements  providing  for  similar 
protection as prescribed by legislation.  

On  the  other  hand,  collective  agreements  in  Denmark  cannot  be  extended  to  cover 
employers who are not parties thereto. There are thus no generally applicable collective 
agreements in Denmark.  

45 

 
 
 
 
 
 
 
 
 
 
 
 
12  Overall assessment  

As  stated  in  this  report,  Denmark  has  transposed  the  EU  directives  into  national  law. 
Denmark thus applies the EU legislation. Due to an interpretation which is in conformity 
with  EU  law,  the  EU  directives  create  legal  rights  in  vertical  situations.  Thus,  I  find  the 
current status of the implementation to be satisfactory and do not find any major gaps or 
requirements due to the lack of implementation.  

With regard to the gap between male and female salaries, and with regard to male and 
female  employment  in  general,  there  is  still  a  difference  in  Denmark.  The  public  sector 
seems  to  attract  more  female  than  male  employees  and  public  sector  salaries  are 
generally  lower  that  in  the  private  sector.  This  is  not  relevant  with  regard  to  the 
implementation of the EU directives, but is a challenge facing Danish society with regard 
to gender equality.  

46 

 
 
 
 
 
Annexes 

Bibliography 

Andersen, N., Precht, K., Tvarnø C.D. (2014), Ligestillingslovene bind 1 (The equality 
acts volume 1), Djøf. 

Andersen,  N., Precht K. (2010), Ligestillingslovene bind 2 (The equality acts volume 2), 
Djøf, 6th Edition.  

Nielsen, R., Tvarnø, C.D. (Eds.) (2012), Scandinavian Women’s Law in the 21st Century, 
Djøf. 

Nielsen,  R.  (2010),  Civilretlige  diskriminationsforbud  (The  ban  on  discrimination  in  civil 
law) Djøf. 

Nielsen, R., Andersen, A. (2007), Mainstreaming i juridisk perspektiv (Mainstreaming in a 
legal perspective), Djøf.  

47 

 
 
 
 
 
 
 
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