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Fines and sanctions for violating rest time rules and the 48-hour rule

After 2019 when the European Court of Justice decided that all EU member states should introduce systems for accurate time recording of employees’ working hours, there has been an increased focus on control, compliance and transparency in relation to working hours. In Denmark, the decision resulted in a new law on working time registration, which came into force on 1 July 2024. Here you can get an overview of how the authorities supervise the provisions of the law, and what financial and legal consequences a violation can cause for you as a company

The new law

The new law on working time registration requires all employers to introduce a working time registration system to the employees, which is “objective, reliable and accessible” and makes it possible to measure the individual employee’s daily working hours. According to the Ministry of Employment (DA: Beskæftigelsesministeriet), the reason for the new law is to ensure that the rules of the Working Environment Act on daily and weekly rest periods and the 48-hour rule are complied with. If the rules are violated, it can lead to fines or imprisonment.

Violation of rest time rules

To ensure that the Danish companies comply with the rules in the Working Environment Act, including the rules on daily and weekly rest periods, the Danish Working Environment Authority (DA: Arbejdstilsynet) conducts regular inspections, issues warnings and imposes fines if necessary. If a company violates a rule in the Working Environment Act, it can result in both fines or imprisonment of up to 2 years, cf. section 82 of the Working Environment Act. 1, no. 2 – depending on the extent of the violation. Here are the main ways in which supervision is carried out:

Routine inspections

The Working Environment Authority makes planned visits to companies to ensure that the working time rules are being complied with. These inspections may include checking timekeeping systems and registrations.

Unannounced inspections

To ensure that companies do not only comply with the rules during notified inspections, authorities can also make unannounced visits, where they can demand documentation of employees’ working hours and breaks.

Penalties for violations

If companies cannot document correct time recording, or if they violate working time rules, authorities can issue warnings, impose fines or, in the worst case, require the company to temporarily stop operations. Here you can see an overview of the Danish Working Environment Authority’s level of fines for employers for different sizes of companies in cases where there has been a violation on different levels: 

Source: The Danish Working Environment Authority (Arbejdstilsynet)

Violation of the 48-hour rule

According to the 48-hour rule, which is part of the EU’s working time directive, an employee is not aloud to work more than 48 hours on average over a period of 4 months. If the employee does so, the employee can be awarded compensation for breaching the 48-hour rule. Since it is the employer’s responsibility that the rule is observed for all employees, it is also the employer who must pay the fine. We saw that, for example in a case between a substitute employment agency in Lithuania and one of their workers. In over three reference periods (4-month periods) the employee had recorded an average weekly working time of 48.58 hours, 51.17 hours and 50.28 hours, prompting him to file a lawsuit against the company. The verdict was that the employer had to pay DKK 25,000 to the employee for breaking the law. You can read more about the whole case here. 

It is important to note that the new law on working time registration includes an option to deviate from the 48-hour rule. In order to make use of this option, it is necessary that the employer has shared information with the Danish Working Environment Authority about the agreements concluded between the employee and the employer. Also, it must be clearly stated in an addendum to the employee’s employment contract if the employee is allowed to deviate from the rule.

Intempus helps you comply with the new law

Complying with working time rules is not only a legal obligation, but also an important factor in ensuring a healthy and productive working environment. As an employer, it is therefore important to consider how you will document and ensure that the working environment rules on daily and weekly rest time and the Working Hours Act’s 48-hour rule on maximum weekly working hours are complied with. 

With Intempus, you get a system that makes it easy to keep track of whether you are staying on the right side of the law. In the Intempus App and Web, it is possible for both employer and employee to be made aware of violations. You can read more about handling the 48-hour rule in Intempus here, and the 11-hour rule in Intempus here.

Want to hear more?

Then feel free to reach out for a non-binding chat about your options on mobile +45 26390400, or design your own solution to see which package suits your needs:

Sources: mklaw.dkPoulschmith.dkRetsinformation.dk, Beskæftigelsesministeriet.dkDanskelove.dkEU’s arbejdstidsdirektiv

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