this post was submitted on 31 Jan 2024
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Hello to everyone, before everything i want to apologize for not speaking Danish.

I need some advice on a situation, I'm portuguese, working in DK trough a UK agency with a Danish contract, with 14 days work/14 days off.

During this days off, my company told me that i needed to do some mandatory trainings, wich i have done, but now they refuse to pay me any of this hours i spend wich are in total 28 hours plus 3 per diems. And i know that is mandatory this hours to be payed.

There is any danish authority that i can contact? And do i need a lawyer to solve this problem?

Thank you for the help


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The original was posted on /r/denmark by /u/Particular-Tone2111 at 2024-01-31 16:31:14+00:00.

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[–] [email protected] 1 points 8 months ago (1 children)

Gekkoster at 2024-01-31 17:15:13+00:00 ID: kob0mnl


There is no law against agreeing on having unpaid training. It would be against pretty much any collective union agreement, and therefore usually not a problem in Danish contracts.

So depending on the agreement you had with your employer, this might be lawful. If however you did agree on pay beforehand, and this did not include nonpaid training you might have a case.

But in the end, you will need to speak to a lawyer or your union.

[–] [email protected] 1 points 8 months ago (2 children)

Particular-Tone2111 (OP) at 2024-01-31 17:19:59+00:00 ID: kob1gxe


Hi, i don't have any clause on my contract regarding, the non payment of training hours. So i guess general law is applied, right?

[–] [email protected] 1 points 8 months ago (1 children)

TheRealTormDK at 2024-01-31 17:25:45+00:00 ID: kob2hx5


We don't have laws like that here. It comes down to your contract and what you as an employee agreed to, ideally in writing. (since it's harder to prove verbal agreements, even if they are as binding)

[–] [email protected] 1 points 8 months ago (1 children)

Particular-Tone2111 (OP) at 2024-01-31 17:54:37+00:00 ID: kob7ohh


I see. I don't have nothing in my contract regarding the hours spent on training.....

[–] [email protected] 1 points 8 months ago (1 children)

CrateDane at 2024-01-31 19:35:48+00:00 ID: kobpv6l


In that case it would probably be hard for your employer to argue that those hours are unpaid. But only a union or lawyer could tell you for sure, and you'll need them anyway to handle the case. Union membership is a very good idea, though it isn't cheap (but at least there's a tax deduction). Many employers try to take advantage of foreign workers.

[–] [email protected] 1 points 8 months ago

Particular-Tone2111 (OP) at 2024-01-31 19:43:58+00:00 ID: kobrckn


Thank you for your help, i think is the best solution is to go through the union.

Appreciate

[–] [email protected] 1 points 8 months ago (1 children)

Gekkoster at 2024-01-31 17:27:11+00:00 ID: kob2r8p


I don't know what you mean by "general law" - what law are you referencing?

[–] [email protected] 1 points 8 months ago (1 children)

Particular-Tone2111 (OP) at 2024-01-31 17:53:52+00:00 ID: kob7jnc


I've seen here :

That all the hours spent on training must be payed like a normal working hour. In my contract there is nothing written agreeing with having unpaid training hours

[–] [email protected] 1 points 8 months ago (1 children)

Gekkoster at 2024-01-31 18:17:19+00:00 ID: kobbpcy


I am no lawyer, but the law states

§ 11. Skal en arbejdsgiver i henhold til EU-retten, dansk lovgivning eller kollektive overenskomster tilbyde en lønmodtager uddannelse med henblik på udførelse af det pågældende arbejde, skal uddannelsen tilbydes uden udgift for den ansatte, tælle som arbejdstid i ansættelsesforholdet og så vidt muligt foregå i lønmodtagerens sædvanlige arbejdstid.

The first part limits when payment is mandatory during training, to training that is required by law or collective agreements

How this works out, in your specific case, I have no clue, as stated before, contact a lawyer or union.

[–] [email protected] 1 points 8 months ago

Particular-Tone2111 (OP) at 2024-01-31 18:18:33+00:00 ID: kobbx73


I will contact the union. I appreciate your help. Thanks! 🙂

[–] [email protected] 1 points 8 months ago (1 children)

ThereIsAThingForThat at 2024-01-31 16:40:43+00:00 ID: koaulcg


If you are not a member of a union, you will have to contact an employment lawyer and file your own case.

Usually this is handled by unions in Denmark, not by state authorities (unless it is breaking a law and you call the police).

[–] [email protected] 1 points 8 months ago (2 children)

Particular-Tone2111 (OP) at 2024-01-31 16:44:54+00:00 ID: koavbo3


I'm not, but i guess i can become one. I'm working on the renewables area, wich union can i contact?

I guess if i have to contact a lawyer, maybe i spend more money with the lawyer than i will receive from the missing hours 😅

[–] [email protected] 1 points 8 months ago

ThereIsAThingForThat at 2024-01-31 16:48:46+00:00 ID: koavzq1


I'm not, but i guess i can become one. I'm working on the renewables area, wich union can i contact?

That depends on what you do. The engineer, the cleaner, the lawyer, and the finance dude will generally belong to different unions even if they all work in the same business. Try googling your job title and union.

Whether the unions will help you with issues happening before joining depends, some will, some won't.

I guess if i have to contact a lawyer, maybe i spend more money with the lawyer than i will receive from the missing hours 😅

In Denmark the loser will generally have to pay the winners lawyer fees, so if you win that's not an issue.

[–] [email protected] 1 points 8 months ago (1 children)

LuckyAstronomer4982 at 2024-01-31 17:17:56+00:00 ID: kob13qe


[–] [email protected] 1 points 8 months ago

Particular-Tone2111 (OP) at 2024-01-31 17:55:00+00:00 ID: kob7qwx


This looks like a big help. Thank you!