Dismissing Agency Workers in Denmark: A 2026 Guide

Dismissing an agency worker in Denmark is never a purely operational decision. Whether you are a site manager on a Copenhagen residential build or an HR officer running a multi-site operation with Polish and Romanian crews, the rules around agency worker dismissal in Denmark carry real legal weight. Get the process wrong and you face claims for wrongful termination, unpaid wages and, in serious cases, regulatory scrutiny from Arbejdstilsynet. This guide walks through when a notice period applies, when immediate dismissal is lawful, and what paperwork you must have ready.

The Three-Party Structure and Who Is the Employer

In a standard agency arrangement, the worker holds an employment contract with the staffing agency, not with your company. The agency is the formal employer. Your company is the user enterprise. This distinction matters enormously when termination is considered. The decision to end the assignment can come from your side, you tell the agency you no longer need the worker, but the legal obligation to observe a notice period and to pay the worker during that period rests with the agency as employer. Your contract with the agency (the service agreement) should specify how much advance notice you must give the agency before withdrawing an assignment, and what cost consequences follow if you do not.

Before any dismissal conversation, check your service agreement carefully. If it is silent on notice, Danish contract law principles and any applicable collective agreement will fill the gap.

When a Notice Period Applies

For most ongoing assignments, the agency worker is entitled to a notice period under Danish employment law. The length depends on seniority and on whether a collective agreement covers the worker. Many agency workers in construction and industry are covered by agreements negotiated by 3F, which set minimum notice entitlements that can exceed the statutory floor. If you are unsure which collective agreement applies, ask the agency in writing, this is both a practical and a legal necessity, because the Act on Posting of Workers (LOV 89) requires that posted workers receive terms no less favourable than those in the relevant Danish collective agreement or statutory rules.

During the notice period the worker continues to work and be paid. For your operation this means the assignment continues, costs continue, and you cannot simply send the worker home on day one of the notice window without the agency's agreement and without the worker still receiving wages. Understanding wage obligations during this period is closely connected to supplement rules; see our article on Tillaeg Explained: Wage Supplements for EU Workers in 2026 for the full picture on what the worker must receive.

Immediate Termination: The High Bar

Immediate dismissal, ending the assignment without any notice period, is reserved for gross misconduct. Danish employment law sets a high threshold. Accepted grounds typically include serious theft, violence on site, gross insubordination, or falsification of documents. A single instance of poor performance, a disagreement with a foreman, or a worker being too slow does not meet the bar.

If you believe gross misconduct has occurred, you must act quickly. Under established Danish case law, an employer who waits too long after learning of the misconduct loses the right to dismiss immediately; the dismissal becomes an ordinary one subject to the full notice period. Document everything on the day: write a contemporaneous account of what happened, who witnessed it, and what was said. Digital Time Tracking vs Paper: Protecting Agencies in Denmark 2026 explains why digital records carry far more evidentiary weight than handwritten notes when disputes reach an industrial tribunal.

The Hearing Requirement

Before immediate dismissal, the worker must be given an opportunity to respond to the allegations, the so-called hearing (partshøring). This does not need to be a formal meeting with a lawyer present, but it must be genuine. If the worker does not speak Danish, you must arrange interpretation. Skipping this step makes an otherwise lawful immediate dismissal procedurally defective, which typically converts it into an ordinary dismissal with full notice entitlements.

Documents You Must Prepare

Regardless of whether the termination is with notice or immediate, you should ensure the following are in order before or immediately after the decision:

• Written notice to the agency specifying the date the assignment ends and the reason, referencing the service agreement clause.
• Incident report for immediate dismissals, signed and dated on the day of the event.
• Time records covering the entire assignment, so that any final wage calculation can be verified. Gaps in time records are a common source of claims.
• Holiday pay status: confirm with the agency that accrued holiday pay has been correctly calculated and will be paid out. Workers covered by FerieKonto have their holiday pay administered there; verify the agency has been making contributions throughout the assignment. For the full calculation methodology see our guide on Calculating Holiday Pay for Short-Rotation Workers: 2026 Guide.
• ATP contributions: confirm the agency has fulfilled its obligations to ATP for the worker's entire period on your site.

The User Enterprise's Residual Liability

Even though the agency is the formal employer, Danish courts and the Arbejdstilsynet rules on agency work impose obligations on the user enterprise for working environment and health and safety. If an immediate dismissal follows a workplace accident or a worker's complaint about safety conditions, Arbejdstilsynet may investigate your company directly, not just the agency. Timing matters: a dismissal that closely follows a safety complaint can look retaliatory and will attract scrutiny.

Additionally, if the agency becomes insolvent before paying the worker's final wages or notice pay, the worker may have a claim against the Lønmodtagernes Garantifond (LG) administered by AES, but they may also pursue the user enterprise under certain circumstances. This is a risk that is best managed by choosing financially stable agencies and including indemnity clauses in your service agreement.

Practical Next Steps for Employers

1. Review your current service agreements with all staffing agencies and confirm that notice periods, cost consequences and indemnity clauses are clearly written.
2. Before ending any assignment, establish whether the worker is covered by a collective agreement and what notice entitlement that creates for the agency.
3. For any potential immediate dismissal, document the incident in writing on the day, conduct a hearing with interpretation if needed, and act without unnecessary delay.
4. Verify holiday pay and ATP contributions are current before the last day on site.
5. Keep complete digital time records for every worker for the full duration of the assignment to defend against wage claims.
6. If you receive a complaint from Arbejdstilsynet or a union representative connected to a dismissal, seek legal advice before responding.