Recruitment of employees from abroad
Keller Advokatfirma is your shortcut to a simpler process.
Are you also looking for talent from abroad?
The global talent pool offers infinite possibilities, but red tape and strict deadlines can easily derail the process. Whether recruiting from within the EU or sourcing specialists globally, mastering the legal rules of the game is key to ensuring a seamless transition.
At DanishVISA, part of Keller Advokatfirma, we eliminate administrative hurdles so you can stay focused on your business. We handle the entire journey, ensuring that everything from residence permits to fast-track applications is fully compliant.
We can help you
We always offer an introductory e-meeting on Teams or Zoom. Your initial consultation is free and with no obligation. Reach out to attorney Flemming Keller Hendriksen at fkh@kellerlaw.dk or call +45 7090 9060
Legal advisory on the recruitment of both EU and non-EU citizens
A distinction is made between citizens of EU countries and so-called third countries. Keller Advokatfirma can assist your company in both situations.
Citizens of the EU
EU citizens are entitled to work and reside in Denmark. There is a free right of residence for up to three months. If a company wants EU citizens to stay in Denmark for more than three months, the employees must apply for an EU residence document. Thereafter, the employees may stay in the country as long as they meet the conditions for a right of residence.
When the authorities process your employees’ applications, they conduct a specific and individual assessment to determine whether the employees are workers under EU law.
This entails, among other things, that:
- The work must be genuine and effective, i.e., work performed for remuneration.
- Each employee must, as a rule, work at least 10–12 hours per week.
- As a rule, the employment must run for at least 10–12 weeks.
The authorities also place weight on other employment terms, for example, whether there is a collective agreement, entitlement to paid holiday, and pay during sickness. Their decision is based on the information and documents submitted with the application. The authorities will contact the employees during processing if they need further information.
Citizens of Third Countries
When a company wishes to hire an employee from a third country, the employee must obtain a work permit before they can commence work. In this context, a residence permit is also required.
This can be obtained through the business schemes in the Danish Aliens Act. The different schemes set out different conditions, and it is therefore crucial to choose the right scheme in the specific case. Fundamentally, regardless of the scheme chosen, a work permit requires that the employee receives salary and employment terms that are customary on the Danish labour market.
If, as an employer, you have an ongoing need to hire employees from third countries, you should consider whether the company can make use of the Fast-track scheme. The scheme grants certified companies special options for the rapid commencement of employees from third countries.
When applying for a work permit, it is generally required that the employee has received a job offer. Once the employee has obtained their work permit, it is a condition that the employment is maintained at a minimum on the stated terms. Other conditions may also be attached to the work permit.
Work permit, job change, and working time
As a rule, a work permit is required for paid/unpaid employment, self-employment, and the provision of services in Denmark, with specific exceptions in the law. Conditions may be attached to a work permit, and the minister lays down detailed rules on content and duration.
The job-change rule allows an employee holding a valid residence/work permit to commence new employment while the application for a new permit is being processed, provided that the application is submitted when changing jobs; the purpose is to ensure continued lawful work in the case of a genuine job change.
For the short-term track under the Fast-track scheme, a 90-day cap per year from entry applies, without limitation on the number of short-term stays; each permit expires no later than 14 days after termination of the contract and cannot be extended.
Salary and employment terms, salary payment, and bank account
The core requirement in the business schemes is that salary and employment terms are customary under Danish conditions; in the assessment, only liquid remuneration is included, including pension and disbursed holiday pay. For several schemes, there is a general requirement of payment to a Danish bank account within a deadline.
Certification and Fast-track schemes
For Fast-track schemes, the company must be certified; among other things, this requires documentation of a collective agreement basis or a solemn declaration regarding customary terms, at least 10 full-time employees, no outstanding immediate orders from the Danish Working Environment Authority, no repeated sanctions within the last year, and participation in an information meeting at SIRI (Aliens Act section 9 a). A Fast-track scheme enables a provisional work permit upon entry when the fee has been paid and the application submitted.
Employer duties and control
The employer must, upon request, provide SIRI with the necessary information to control whether the conditions for the work permit are/have been fulfilled when employing foreign nationals under the business schemes. The authorities may issue temporary personal identification numbers in connection with provisional work permits to facilitate case processing and contact with authorities/private parties.
Keller Advokatfirma can help your company navigate the complex rules on foreign labour.
We can help you
We always offer an introductory e-meeting on Teams or Zoom. It is free and completely non-binding! Kontakt advokat Flemming Keller Hendriksen på fkh@kellerlaw.dk eller +45 7090 9060.