Are you a foreign service provider or a posted worker?
If you are posted to work in Denmark or you provide services as a foreign company, you must comply with the Danish regulations.
If you are posted to work in Denmark, and your employer is a foreign company temporarily providing a service in Denmark, you are covered by the Danish Act on Posting of Workers.
If you are posted to work in Denmark you are assured some minimum rights concerning your working conditions. You have the same right to health and safety as Danish citizens. Other areas covered by posted worker’s rights are: discrimination at the workplace, equal rights and equal pay for men and women and some of the regulation on working hours. Besides this, you are assured the minimum rights arising from the Danish Holiday Act, if the holiday regulations in your home country are less generous.
Definition of posting and a posted worker
A worker posted to Denmark is an employee who is usually employed in another country and is sent to Denmark by their employer to work for a limited period of time.
An enterprise is considered to have posted workers to Denmark in the following situations:
- The enterprise has sent an employee to Denmark to provide a service to an enterprise or private person in Denmark
- The enterprise, a temporary work agency, for example, has hired out an employee to a user enterprise in Denmark
- The enterprise has sent an employee to an enterprise in Denmark within the same group or which is otherwise affiliated to the posting enterprise.
One of the conditions that must be fulfilled in order for a situation to be characterised as posting is that an employment relationship exist between the worker and the posting enterprise or temporary work agency. Another condition is that the enterprise making the posting has to be genuinely established in the country of origin, which means that the enterprise must have substantial activity in that country.
Residence and work permit
Before you can start work in Denmark as a posted employee you need to find out if you require a residence and work permit. This depends on your nationality.
If you are a citizen of a Nordic country you can freely live and work in Denmark.
If you are a citizen from an EU, EEA country or Switzerland, you can apply for EU residence document at International Citizen Service or the Danish Agency for International Recruitment and Integration (SIRI) on your arrival to Denmark.
If you are a citizen of a country outside EU/EEA/Switzerland, and you are posted by an enterprise from an EU country, you have to seek further guidance at the Danish Agency for International Recruitment and Integration (SIRI).
If you are a non-EU/EEA/Swiss citizen, and you are not covered by the regulations on posting of workers, you have to apply for a work and residence permit before starting work in Denmark. You can read more and send your application online to the immigration authorities via www.newtodenmark.dk.
If you plan to work and live in Denmark for more than 3 months, you need to apply for a CPR number (civil reg. no.) at the Danish National Register (Folkeregisteret). If you stay in Denmark for more than 6 months, you are considered to be fully tax liable to Denmark from the first day of your stay. Further information about registration in chapter “Important Registrations” under "Moving to DK".
If you are posted to Denmark and your employers got a permanent establishment in Denmark, you have to apply for a personal tax number and a Danish tax card, no matter how long you intend to stay in Denmark. The same rule applies if you establish a business in Denmark.
You find further information about working conditions, health and safety, tax and regulations on posting at for posted workers at www.workplacedenmark.dk/en