Secondary Employment in Danish Labor Law

Abstract

In 2023 an EU-directive was implemented in Danish law. More specifically, the directive was regarding labor rights and environment. This falls under the area of labor law in Denmark. Danish labor law stands out from other countries due to the distinctive structure of the Danish labor market where the representatives of the employers and the employees have a lot of power and influence. The representatives of the employers and employees will naturally have opposite incentives and interests which lead to the basis of the Danish model of the labor market where the representatives have to reach each other through negotiation and compromises.

In relation to the implementation of the EU-directive and the distinctive structure in the Danish model we have observed a problem regarding the access to secondary employment. This thesis analyzes how the access to secondary employment is challenged by the regulation on the topic. It is through analysis concluded that the regulation regarding the access to secondary employment leaves an interpretation problem which leads to uncertainty. This uncertainty results in a difficult judgment regarding whether certain types of secondary employment is compatible with the primary employment.

The thesis also shows the relevance of the problem as the access to secondary employment can be necessary for certain segments of the labor. The thesis analyzes the Danish labor market and the Danish model. The analysis shows that the labor market can be characterized as segmented and dual. This duality is shown as a primary and secondary labor market where the persons in the secondary labor market can have fundamental economic needs to supply their income with secondary employment.

Due to the reasons above the thesis ends with two suggestions that could have a positive effect on the future situation on the Danish labor market. It is suggested that the current regulation is revised to create a more effective and appropriate regulation, understanding and interpretation situation.

It is also suggested that an effective and fitting level of minimum wage can be implemented with positive effects for the labor market and the general society.