Fired During Probation in Denmark
Being fired during your probation period (prøvetid) in Denmark is shocking – but your rights are clearer than you think. The notice period is short (14 days), but you’re still entitled to full salary, holiday pay accrual, and fair treatment. Here’s what the law says.
Overview
Danish employment law allows a probation period of up to 3 months for employees covered by the Salaried Employees Act (funktionærloven). During this period, either party can terminate the employment with just 14 days’ notice – far shorter than the standard 1-6 months.
The probation period must be explicitly agreed in your contract. If your contract doesn’t mention prøvetid, there is no probation period and standard notice rules apply from day one.
What is prøvetid?
- Maximum duration: 3 months (can be shorter if stated in the contract)
- Must be in writing: The probation clause must be in your employment contract. Verbal agreements don’t count.
- Both ways: Both you and the employer can give 14 days’ notice during prøvetid
- Notice must be given before the end of prøvetid: If the employer wants to fire you during probation, the notice must be given before the 3-month mark. The 14 days can extend beyond the 3 months, but the notice itself must be issued during the period.
The 14-day notice
During prøvetid, the notice period is 14 calendar days (not business days). This means:
- If you’re fired on March 10, your last day is March 24
- You must work (or be available) during the 14 days unless the employer sends you home with pay
- You receive full salary for the 14-day notice period
- After prøvetid ends, standard funktionær notice periods apply (1 month for the first 5 months of employment, increasing to 6 months after 9+ years)
Your rights during prøvetid
Being on probation doesn’t strip you of employment rights:
- Full salary for all days worked, including the notice period
- Holiday pay accrual – you accrue feriepenge (12.5% of salary) from day one
- Pension contributions – if your contract includes pension, it applies during prøvetid
- Sick leave rights – you’re entitled to sick pay from day one under funktionærloven
- No discrimination – firing during prøvetid cannot be based on gender, race, religion, pregnancy, disability, or union membership
- Written termination – the employer must give written notice, not just verbal
Firing a pregnant employee – even during prøvetid – is extremely risky for the employer. Danish law (ligebehandlingsloven) prohibits dismissal due to pregnancy. If you’re fired during prøvetid while pregnant, the employer must prove the termination is completely unrelated to the pregnancy. Consult your union or a lawyer immediately.
What employers can’t do
- Fire you without any notice: Even during prøvetid, 14 days’ notice is required. Immediate termination is only legal for gross misconduct (theft, violence, etc.).
- Refuse to pay your final salary: All hours worked must be paid, plus any accrued holiday.
- Fire you for discriminatory reasons: Protected characteristics (gender, age, ethnicity, religion, disability, sexuality) cannot be the basis for termination.
- Change the terms retroactively: If prøvetid wasn’t in the original contract, the employer can’t add it later.
Funktionærloven coverage
The prøvetid rules described above apply to funktionærer – salaried employees covered by the Danish Salaried Employees Act. This includes most office workers, managers, sales staff, and IT professionals. You’re a funktionær if your work is primarily office-based, commercial, or supervisory, and you work at least 8 hours per week.
Non-funktionær employees
If you’re not covered by funktionærloven (e.g., manual labour, construction, some service roles), probation rules are set by your collective agreement (overenskomst) or individual contract. These may differ – shorter or longer notice, different probation lengths. Check your contract and ask your union.
Final pay and holiday
- Final salary: Paid on the normal pay date for hours worked + 14-day notice period
- Accrued holiday (feriepenge): 12.5% of your total salary during employment. Paid out via FerieKonto or your employer’s holiday pay scheme.
- Remaining holiday days: If you have unused holiday from a previous period, these can be taken during the notice period or paid out.
- Pension: Contributions stop at the end of employment. The money already contributed is yours.
A-kasse and dagpenge
If you joined an A-kasse when you started working:
- If you’ve been a member for 12+ months: You likely qualify for dagpenge (up to ~19,728 DKK/month). Register at your A-kasse and Jobcenter on your first day of unemployment.
- If less than 12 months: You don’t yet qualify. Stay a member – the clock keeps ticking toward eligibility.
- If fired (not quit): No waiting period (karantæne). Dagpenge starts immediately.
Work permit impact
If you’re on a work permit, being fired during prøvetid has the same implications as any job loss – see the lose job on work permit guide. You have a job-seeking period (typically up to 6 months) to find a new qualifying position. Notify SIRI immediately.
Can you negotiate?
Even during prøvetid, you can negotiate the terms of your departure:
- Garden leave: Ask to be sent home with pay during the 14-day notice – many employers agree to avoid awkwardness
- Reference: Request a neutral or positive reference letter. This is important for your next application.
- Extended notice: Some employers will agree to extend the notice period voluntarily if you ask. It costs them little and gives you more runway.
- Reason for termination: You can ask (and they should provide) an honest explanation. This helps you understand what happened and how to improve.
Common mistakes
Signing something you don’t understand
Your employer may present a termination agreement (fratrædelsesaftale). Read it carefully – or have your union review it – before signing. You may be waiving rights (like the ability to claim unfair dismissal).
Not registering for dagpenge immediately
Register at your A-kasse and Jobcenter on your first day of unemployment. Late registration means lost benefits for those days.
Questions and answers
Can I be fired without a reason during prøvetid?
Generally yes – during prøvetid, the employer doesn’t need to provide a detailed justification. However, the reason cannot be discriminatory. If you suspect discrimination, contact your union.
Does being fired during prøvetid look bad on my CV?
Short employments happen. In Denmark, probation exists specifically because not every hire works out – it’s understood. Be honest in future interviews:”It wasn’t the right fit” is perfectly acceptable. Most employers won’t judge you for a single short employment.
Can I get unemployment benefits as an expat?
Yes – if you meet the A-kasse membership and work hours requirements. Your nationality doesn’t affect dagpenge eligibility (as long as you have a valid residence/work permit).
Sources
- Retsinformation.dk – Funktionærloven § 2(5) (prøvetid rules).
- FH (Fagbevægelsens Hovedorganisation) – employment rights guidance.