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Notice periods and contracts, know your protections

Updated July 2026Reviewed July 2026
The one-line versionIf you are a salaried employee (funktionaer), the Salaried Employees Act guarantees notice periods that grow with seniority and full pay when sick. It is a legal floor no contract can undercut.

Funktionaer status is the key question

Danish employment law hinges on whether you are a funktionaer (salaried employee) - office, technical, retail or managerial roles usually are. If you are, the Funktionaerloven (Salaried Employees Act) gives you a mandatory floor of rights. Any contract clause worse than the Act is simply void.

Notice periods grow with tenure

Under the Act, your employer's notice period increases with how long you have worked there - a common milestone is a three-month notice period after two years, rising further with longer service. Your own notice to resign is typically shorter (often one month). Non-funktionaer roles instead follow their collective agreement's terms.

Protection against unfair dismissal

After one year of employment, a funktionaer can challenge a dismissal as not "reasonably justified" (usaglig opsigelse). Denmark's flexicurity model lets employers restructure and let people go relatively freely, but not arbitrarily - documented performance issues, redundancy or misconduct are the legitimate grounds.

The 120-day ruleYour contract may include the '120-day rule': if you are sick for 120 days within 12 consecutive months, the employer can terminate with just one month's notice. It only applies if explicitly written into your contract, and the notice must be given immediately after the 120th day while you are still ill. Check your contract for this clause.

What your contract must cover

  • Job title, duties, start date and workplace
  • Salary, pay date and any pension contribution
  • Working hours and notice periods
  • Holiday terms and whether a collective agreement applies
Have a union check it before you signA union (see the unions guide) will review your contract - especially notice, pension and any 120-day clause - before you commit. For a big move, that free legal read is worth having.

Common questions

How do I know if I'm a funktionaer?
Broadly, if you do salaried office, technical, commercial or managerial work more than 8 hours a week under an employer's direction, you likely are. If unsure, ask your union.
Can my contract give less than the Act?
No - the Funktionaerloven is a minimum. Clauses offering worse terms than it are void; better terms are fine.
What's the difference between law and collective agreement?
The Act is statute covering funktionaerer; collective agreements (overenskomster) are union-negotiated and set terms for many other roles, sometimes exceeding the law.

Verified July 2026 against official sources: borger.dk, the Danish Holiday Act (Ferieloven), the Salaried Employees Act (Funktionaerloven) and A-kasse guidance. Figures are 2026 levels and reset each January. General information, not legal advice - see our editorial policy.

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