Termination of an employee

If you wish to dismiss an employee, it is essential to pay attention to the terms and conditions applying to the employment of the employee concerned. Therefore, as an employer, you ought to make yourself strictly acquainted with the individual employee’s terms of employment, if you consider dismissing the employee, as these may affect the termination and the terms applying to the handling of the termination.

Likewise, you should consider in connection with a dismissal whether there are holidays and extra paid holidays, or time off in lieu of overtime pay to be taken by the employee, and whether the employee is required to work during the notice period, or if he/she should be suspended or released from the duty to work.

The consequences of not handling a dismissal correctly may be incalculable. For example, you may end up having to pay compensation to the employee for unfair dismissal or for dismissal contrary to the Danish Act on Equal Treatment or the Danish Act on Prohibition against Discrimination. You may also risk having to accept an extension of a too short notice period, and such an extension may even mean that the employee cannot be required to supply working capacity although he/she is entitled to receive salary or wages. In addition, you may also risk having to spend time and not least resources on being involved in a case, which may be an exhausting process for an organization.

HjulmandKaptain offers specialized legal advice within Employment Law. If you need legal advice in connection with warnings, or dismissal, or summary dismissal of an employee, please feel free to contact us.