Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Denmark: Wage guarantee in case of insolvency
Phase
Danish Act on the Employees' Guarantee Fund (Consolidation Act no 1244 of 27/11/2024)
Native name
Bekendtgørelse af lov om Lønmodtagernes Garantifond (LBK nr 1244 af 27/11/2024)
Type
Wage guarantee in case of insolvency
Added to database
08 May 2015
Article
Whole legislation
Description
Employees can apply to the Employees’ Guarantee Fund (Lønmodtagernes Garantifond, LG) for wage and holiday compensation, indemnification for interruption of the employment relationship and compensation in connection with discharge from employment.
The claims have to arise in the period of four months after bankruptcy or six months after notice of suspension of payments or the death of the employer.
LG is an independent national institution governed by the social partners and regulated by law. All private employers pay a quarterly contributions based on company size to the fund.
Support is provided in case of bankruptcy, the employer’s death where the court declares the company is insolvent, the termination of the business while it is proven that the employer is unable to pay the employees’ claims or during the employer’s court-supervised suspension of payments according to the provisions of the bankruptcy law.
All employees are eligible, including part-time and fixed-term workers, except for family members and close associates of the insolvent employer.
There is no minimum duration for the employment relationship in order for workers to qualify for the guarantee. An employee's claim is usually paid 4 weeks after the fund has received the application from the employee.
The maximum compensation from the fund is DKK 160,000 (€ 21,300).
Commentary
For wage guarantee and insolvency data, view LG's Annual Reports, available here.
Additional metadata
Cost covered by
Companies
Involved actors other than national government
Employer organisation
Trade union
Other
Involvement (others)
Employees’ Guarantee Fund
Thresholds
Affected employees: No, applicable in all circumstances Company size: No, applicable in all circumstances Additional information: No, applicable in all circumstances
Alpha Consulting (2003). Anticipating & Managing Change - A dynamic approach to the social aspects of corporate restructuring, Brussels, European Commission
Deutsch, A. (2011). Europäische Beispiele für die Insolvenzentgeltsicherung, Vienna, Federal Ministry of Labour, Social Affairs and Consumer Protection/IEF
Sargant, M. (2007). Implementation Report Directive 80/987 EEC amended by Directive 2002/74/EC [protection of employees in the event of the insolvency of their employer], Human European Consultancy/Middlesex University Business School
Eurofound (2015), Denmark: Wage guarantee in case of insolvency, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/wage-guarantee-in-case-of-insolvency/denmark
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