Dismissing a Polish Worker in Denmark 2026: Notice Periods, Arbejdsret and What to Avoid
Dismissing a Polish worker in Denmark is one of the most legally sensitive situations a Danish construction manager or Polish employee will ever face. Whether the termination comes from the employer's side or the worker chooses to resign, Danish labour law sets out clear obligations that both parties must follow, and the consequences of getting it wrong can be costly and time-consuming. This guide walks through the key steps, the relevant legal framework including Funktionærloven and Arbejdsret, and the most important pitfalls to avoid in 2026.
Step 1: Establish Which Legal Framework Applies
Before any notice is given, the employer must determine which rules govern the employment relationship. In Denmark, the applicable framework depends on whether the worker is covered by a collective agreement (overenskomst), employed directly under Funktionærloven (the Salaried Employees Act), or working under a more general contract. Many Polish workers in the construction sector are employed through agencies or directly by Danish firms under 3F collective agreements. The rules on notice periods, severance and procedural fairness differ significantly between these categories.
Posted workers, those sent to Denmark by a Polish employer, are protected by the EU Posted Workers Directive, which guarantees them the core working conditions of the host country, including termination rules. If you are unsure which category applies, the Danish Ministry of Employment at bm.dk publishes guidance on employment law categories and collective agreements.
Step 2: Calculate the Correct Notice Period
Getting the notice period right is critical. Under Funktionærloven, notice periods for salaried employees increase with length of service. After the first six months of employment, the employer must give a minimum of one month's notice, rising incrementally up to six months for employees with longer tenure. Workers themselves are generally required to give one month's notice regardless of seniority.
For workers covered by a 3F collective agreement, common on Danish construction sites, the notice periods may differ and are set out in the specific overenskomst. It is always worth checking the applicable agreement before issuing any termination letter. Wages and supplements during the notice period must also be paid correctly; for a full overview of what workers are owed during active employment, see our guide on Minimum Wage on Danish Construction Sites 2026: 3F Rates, Night and Holiday Supplements Step by Step.
Step 3: Prepare the Required Documentation
A dismissal in Denmark must be documented in writing. The termination letter should state clearly the last working day, the notice period being applied, and whether the employee is required to work through the notice period or is being released from duties (fritstillet). If the worker is being made redundant rather than dismissed for cause, the letter should reflect this distinction.
For dismissals where the employer claims a legitimate reason, poor performance, misconduct, or operational redundancy, supporting documentation must be gathered before the letter is issued. This includes prior written warnings where relevant, records of any performance conversations, and any documentation of the business circumstances driving a redundancy. Danish labour courts, the Arbejdsret, and industry arbitration tribunals take a dim view of dismissals that lack a documented paper trail.
Step 4: Issue the Termination Letter and Notify Relevant Bodies
The termination letter should be delivered in a way that creates a clear record of receipt, registered mail or a signed acknowledgement from the employee. Verbal dismissals create serious legal risk and are strongly discouraged.
If the Polish worker is registered with the Danish tax authority under a CPR number, their employment status will eventually be updated through payroll reporting to SKAT. For workers who have been paying into the Danish holiday fund (Feriekonto), any accrued holiday pay must be settled correctly at the end of employment. For more on how holiday entitlements work for posted and directly employed Polish workers, see Annual Leave for Posted Polish Workers in Denmark 2026.
On the Polish side, workers returning to Poland after termination should be aware of their obligations to ZUS regarding social insurance contributions and any implications for their tax residency status. Cross-border workers in particular should review how termination affects their tax situation, a topic covered in detail in our article on Polish Frontier Worker in Denmark: SKAT Tax Residency 2026.
Step 5: Handle the Arbejdsret Process If a Dispute Arises
If the dismissed worker believes the termination was unlawful, for example, that it lacked a valid reason or that the correct procedure was not followed, they may bring a claim before the Arbejdsret or through their union. Workers covered by a collective agreement typically have access to a union representative who can initiate a formal grievance process. The timeline for raising such a claim is short, so workers should act quickly if they believe their rights have been violated.
For dismissals that fall outside collective agreements, the worker may pursue a claim under Funktionærloven or general Danish contract law. Danish labour law does not require an employer to show cause for dismissal in the same way as some other European systems, but a dismissal that is deemed unreasonable (usaglig) can result in compensation. The amount of any compensation is determined by the relevant tribunal based on the specific circumstances and is not a fixed statutory figure.
Common Mistakes to Avoid
Employers frequently make the error of dismissing a worker verbally or failing to give written notice that clearly states the applicable notice period. Another common mistake is confusing the rules that apply to salaried employees under Funktionærloven with those that apply to hourly workers under a collective agreement, these are genuinely different frameworks and mixing them up creates legal exposure.
Workers, on their side, sometimes resign without giving proper notice, assuming that because they are leaving voluntarily the rules do not apply to them. Under Danish law, a resignation without the required notice can expose the worker to a claim for damages from the employer. Workers should also ensure they claim any outstanding holiday pay through Feriekonto before leaving Denmark, as unclaimed amounts can lapse.
Finally, both employers and workers should be aware that the Arbejdstilsynet (the Danish Working Environment Authority) monitors working conditions broadly, and serious procedural violations in the termination process can attract scrutiny beyond the immediate employment dispute. For authoritative guidance on Danish employment law, the Ministry of Employment's official resources at bm.dk and the Danish Working Environment Authority at at.dk are the most reliable starting points.
Actionable Advice for 2026
Whether you are an employer in Denmark or a Polish worker facing termination, the single most important step is to identify which legal framework governs the employment relationship before taking any action. Check the contract, check any applicable collective agreement, and calculate the notice period carefully. Issue all communications in writing and keep copies. If a dispute arises, act quickly, limitation periods under Danish labour law are strict. And if the situation is complex, consulting a Danish employment lawyer or contacting the relevant trade union early is always the most cost-effective approach in the long run.