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HR Legal

Exceptions for rules on working hours sent for consultation

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Legal news
calendar 26 April 2024
globus Denmark

The Danish Working Environment Authority has sent amendments to the executive orders on rest periods and working environment work for consultation. The changes clarify which employees can be exempted from the working hour rules and the requirement to register working hours. Going forward companies must also include time registrations in the systematic work with the working environment. The changes will enter into force on 1 July 2024.

The rules on registration of working hours enter into force on 1 July 2024. Under the new rules, companies must register their employees' working hours. We have previously written about the upcoming rules here.

Clear exceptions and a new requirement

The law allows two groups of employees to be exempt from the requirement of registration of working hours. This applies when the employees:

  • Cannot determine their working hours in advance due to the nature of the work
  • Can choose their working hours

Due to different definitions of the exemptions in the executive order on rest periods and the upcoming rules, it was until now unclear which employees could actually be exempted. With the changes to the executive order, the different definitions will be aligned, so the exemptions in the executive order are now aligned with exemptions in the law. With the changes, there will be clarity about who could be exempted.

As something new, it is also explicitly mentioned that companies must include time registrations in the company's work with the working environment, especially the workplace assessment.

IUNO’s opinion

IUNO recommends that companies consider how they will implement a time registration system as the rules enter into force on 1 July 2024.

For the groups of employees who can be exempted from time registration, the rules require that the parties agree upon it. Therefore, companies must assess the need to update their employment contracts for these employees.

[Amendment of Executive Order on rest periods and days off, etc. and Amendment of Executive Order on systematic working environment work of 22 April 2024]

The rules on registration of working hours enter into force on 1 July 2024. Under the new rules, companies must register their employees' working hours. We have previously written about the upcoming rules here.

Clear exceptions and a new requirement

The law allows two groups of employees to be exempt from the requirement of registration of working hours. This applies when the employees:

  • Cannot determine their working hours in advance due to the nature of the work
  • Can choose their working hours

Due to different definitions of the exemptions in the executive order on rest periods and the upcoming rules, it was until now unclear which employees could actually be exempted. With the changes to the executive order, the different definitions will be aligned, so the exemptions in the executive order are now aligned with exemptions in the law. With the changes, there will be clarity about who could be exempted.

As something new, it is also explicitly mentioned that companies must include time registrations in the company's work with the working environment, especially the workplace assessment.

IUNO’s opinion

IUNO recommends that companies consider how they will implement a time registration system as the rules enter into force on 1 July 2024.

For the groups of employees who can be exempted from time registration, the rules require that the parties agree upon it. Therefore, companies must assess the need to update their employment contracts for these employees.

[Amendment of Executive Order on rest periods and days off, etc. and Amendment of Executive Order on systematic working environment work of 22 April 2024]

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Anders

Etgen Reitz

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Søren

Hessellund Klausen

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Kirsten

Astrup

Managing associate (on leave)

Cecillie

Groth Henriksen

Senior associate

Johan

Gustav Dein

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Jensen

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Anders

Etgen Reitz

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Cecillie

Groth Henriksen

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Gustav Dein

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Meyer

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Astrup

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Kjærsgaard Juhl

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Grønlund Holm

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Hessellund Klausen

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