What is ‘funktionærloven’ (Act on Salaried Employees)?
A salaried employee (funktionær) is a person who performs professional, managerial, or administrative work.
In funktionærloven there are a wide range of rights and obligations for employers and employees.
Funktionærloven includes regulations on termination, maternity and pregnancy leave, commission, bonus pay-out, illness and also on competition clauses and non-solicitation clauses.
Does funktionærloven protect you?
You can see in your contract whether you are a salaried employee (funktionær).
Both public and private employees can be salaried employees. It is among other things the work tasks that decide, whether you are a salaried employee and thus protected by funktionærloven.
You are a salaried employee if you meet these requirements:
- You work more than 8 hours on average, and you have been employed for more than 1 month.
You work in:
- Business and administration work, purchasing and sale or warehouse service.
- Technical or clinical services except handicraft work or factory work. Technical or clinical services are performed by for example draughtsmen, laboratory technicians or dental assistants. You are not a salaried employee if you perform craftsmanship or factory work.
- Manage or supervise the work of other persons on behalf of the employer
- You have an employer who gives you instructions and tasks.
Neither you nor your employer can bypass funktionærloven.