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WORK PERMITS

Pay Limit Scheme: What to know about the changes to Denmark’s work permit programme

From April 1st, new rules relating to work and residence permits came into effect for the Pay Limit Scheme, a key pathway by which foreign professionals can be granted Danish work permits.

Pay Limit Scheme: What to know about the changes to Denmark’s work permit programme
Denmark has added a Supplementary Pay Limit Scheme to its existing work permit programme, allowing foreign recruitment on lower annual salaries. Photo by cetteup on Unsplash

The Danish parliament last month voted to ease some work permit requirements, in a move designed to make it easier for companies to hire internationally.

The bill eased rules on a number of work permit application schemes but a headline change is a permanent reduction of the minimum wage required under the Pay Limit Scheme (Beløbsordning).

The amendments to the Pay Limit Scheme, which came into force on April 1st, mean that non-EU citizens hired to work in Denmark will need to earn a minimum of only 375,000 kroner per year, down from 448,000 kroner under the old rules.

It should be noted that jobs given to non-EU citizens hired internationally are subject to international classifications ensuring that if the role being hired for was normally paid 425,000 kroner, for example, employers will still have to pay this level, and not the 375,000 kroner minimum.

READ ALSO: What are Denmark’s new residence permit rules for foreign students who have graduated?

Kevin Goggins, vice principal at Sankt Josef’s Roskilde International School, told The Local that the changes to the Pay Limit scheme would open up new employment opportunities for the school.

“There’s always a struggle to recruit good quality teachers, so this change means we can potentially expand our search for staff. We have never invited people from outside the EU to apply for jobs with us before, as it was just not worth the hassle but now we can look into it,” he said.

The new rules could benefit a broader target group of foreign professionals who see opportunities in Denmark.

The lower pay threshold “may be a game changer for the smaller companies hiring employees within industries with lower salary thresholds where the new hire has only a few years of experience”, Rikke Wolfsen, country manager Global Immigration practice with the Danish section of financial services company EY, told The Local in earlier comments about the lower salary thresholds. 

What are the rules and criteria?

The Supplementary Pay Limit Scheme (it is technically a separate programme rather than a revision of the existing one) can be applied for by third-country (non-EU) nationals that are offered an annual salary of at least 375,000 kroner by a Danish employer. Working hours must be at least 37 hours per week.

Unlike other types of work permit scheme, applicants do not need a specific educational background and the job does not need to be within a specific professional field.

As well as regular monthly salary, other salary components can count towards the 375,000 kroner minimum annual wage. These can include fixed supplements and bonuses which are guaranteed salary, contributions to labour market pension schemes and paid holiday allowance.

Supplements such as paid canteen use, free use of a car, a paid phone, or paid internet, living or housing expenses do not count towards the minimum salary.

The salary must be paid into a Danish bank account. This rule was retained despite criticism from business organisations, who have argued that bureaucracy means new foreign hires can sometimes go for months without a salary.

A bank account needs to be set up within 90 days of the residence permit being granted or the employee entering Denmark. But for a new arrival in Denmark to get a Danish bank account, they first need to get a residency permit, then a CPR number, a Danish address, access to the MitID digital identification service, and a health insurance card.

READ ALSO: Why Danish businesses want to scrap bank account work permit rule

There are also some requirements related to how the job has been advertised. For example, it must be posted on the Danish portal Jobnet and the EURES portal for at least 2 weeks prior to application. If the job is posted on other portals, this condition will not be met.

The employer must therefore declare that the job position has been posted on Jobnet and EURES for at least 2 weeks prior to applying. The Danish Agency for International Recruitment and Integration (SIRI), which processes the application, runs spot-checks to verify the declarations. 

The Supplementary Pay Limit Scheme can only be used when seasonally adjusted gross unemployment has not exceeded 3.75 percent on average in the three months prior to applying. Because Denmark is currently experiencing a labour shortage, this is not likely to happen in the imminent future, but it could eventually come into play.

These last two labour market-related conditions – the national unemployment level and a requirement to advertise the job on specified portals – distinguish the Supplementary Pay Limit Scheme from the regular Pay Limit Scheme, which still has a higher minimum salary of 465,000 kroner.

What happens if I have been granted a work permit under the scheme?

You can stay in Denmark for the period of time for which the permit is valid.

There are certain conditions attached to the work permit: You must not give up your Danish address or stay abroad for longer than 6 successive months, and the permit does not allow you to work in other Schengen countries, although you can stay in the Schengen area for up to 90 days within a 180-day period. 

The permit is linked specifically to your job. If you change job or lose your job you must inform SIRI and apply for a new permit. In the latter instance, you can apply for a six-month residence permit to look for a new job (if you were laid off through no fault of your own, for example your company decided to cut staff).

While your family members can be granted residence permits to join you in Denmark, they are not allowed to receive public welfare benefits.

You will be entitled to free Danish lessons but will have to pay a deposit – which you could lose if you don’t pass the modules within set timeframes.

A step-by-step guide to submitting an application for a Danish work permit under the Supplementary Pay Limit Scheme can be found on SIRI’s website.

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For members

WORKING IN DENMARK

How will Denmark’s new rules on recording working hours affect you?

From July this year, all people working in Denmark will have to document any deviations from their agreed working hours. Here's how it's going to work.

How will Denmark's new rules on recording working hours affect you?

On January 23rd, Denmark’s parliament voted through a law that, among other things, requires all Danish employers to introduce a working hours registration system that makes it possible to measure the daily working hours of each individual employee. 

The requirement, which comes into force on July 1st, implements a 2019 judgement of the EU Court, which stated that all member states needed to bring in laws requiring employers to record how many hours per week each employee is working.

The bill is built on an agreement reached on June 30th last year between the Confederation of Danish Employers, the Danish Trade Union Confederation, and Denmark’s white collar union, the Danish Confederation of Professional Associations. 

Will everyone working in Denmark now need to keep a detailed record of the hours they put in each day? 

No. Workers will only need to register any deviations from the working hours they have already agreed or been scheduled. So long as they stick to their scheduled hours, they never need to open the app, website, or other time registration system their organisation has set up. 

If they have to come in early for an interview, however, or do a bit of preparation for a meeting the next day in the evening, they will be expected to log those extra hours. 

Similarly, if they pop out for a dentist’s appointment, or to get a haircut, those reductions in working hours should all be noted down. 

What do employers need to do? 

All employers need to set up and maintain a detailed record of the actual hours worked by their employees, but the law gives them a lot of flexibility over how to do this, insisting only that the record be “objective, reliable and accessible”. 

They could do it in the old-fashioned way using a shared Excel spreadsheet, or, as most probably will, use an app such as Timetastic from the UK, ConnectTeam from the US, or Denmark’s zTime or Timelog.

To make it easier for their employees, employers can fill their scheduled hours into the time registration system in advance, so that workers only need to make a log of any deviations.  

Under the law, employers are required to keep these records for five years.

Employees empowered to set their own schedule — so called self-organisers — are exempt from the law, but as the law states that such people should be able to reorganise their own working time “in its entirety” and that this power should be enshrined in their contracts, this is only expected to apply to the most senior tier of executives. 

Who will be able to see my working hours? 

Each employee should only have access to their own data, which is covered by the General Data Protection Regulation (GDPR), and should not be able to see a detailed record of hours worked by their colleagues. 

Managers, however, will have access to the working hours records made by their subordinates. 

Will the legislation put limits on how many hours I can work? 

Yes, but in theory those hours already are limited for almost all employees by collective bargaining agreements. 

The new rule is intended to make sure that employees do not work more than 48 hours per week on average over a period of four months, the minimum standard under EU law, known as the 48-hour rule.

People in certain professions can, however, work longer than the 48-hours if they are covered by a so-called “opt-out”. 

Won’t it just be an additional hassle? 

The Danish Business Authority, the government agency which is supposed to support businesses in Denmark, estimates that keeping the time registration system up to date will only take between one to three minutes of employees’ time. 

In addition, it estimates that as much as 80 percent of employees in the country already keep a record of their time. 

Henrik Baagøe Fredelykke, a union official at Lego, said in an article on the website of the HK union, that he believed that the records could serve as an “eye-opener” about unrecorded overtime. 

What was crucial, he said, was that the system was used primarily to ensure that there was no systemic deviation from working hours and not to police employees. 

“It must not be used for monitoring by the management, who can come and say ‘whoa, why didn’t you work 7.4 hours yesterday?’,” Fredelykke said.

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