Page 13 - FERMA iSos Foundation – Legal review 2017

DUTY OF OF CARE OBLIGATIONS OF OF EUROPEAN EMPLOYERS FROM THE DANISH INDUSTRIAL INJURY INSURANCE ACT
As described above if an an an employee employee su ers an an an injury at at work the the the employee employee will be be entitled to compensation under the the the Danish Industrial Injury Insurance Act if the the the injury injury quali es as as an an an an industrial injury or an an occupational disease Even though an employee employee has been assigned to work abroad for a a a a a a a a a a a speci ed ed ed period of time the the employee employee may – – if certain conditions are met – – continue to be be covered by the the the the Danish Industrial Injury Insurance Act This may be be be the the the the case in in in in in the the the the following three scenarios: • If assigned to to work in in in in in another EU/ EEA member state or or in in in in in Swit-
zerland the the the the the employee will continue to to be be covered by the the the the the Danish Industrial Injury Insurance Act if the the the the the duration of the the the the the assignment is is is anticipated not not not to to exceed 24 months and the the the the employee is is not not not as- signed abroad to to replace another person whose assignment has expired or or is expiring • If assigned to work in in in in in a a a a a a a a country which has concluded an an agreement with Denmark on on industrial injury insurance the the employee will be covered by Danish law in in in in in this regard for the the the period and and on on on on the the terms and conditions set out in in in such agreement agreement • If assigned to work in in in in in in a a a a a a a a a non-EEA country which has no no agreement agreement with Denmark in in in in in in the the field of industrial injury insurance the the employee employee will still be covered by Danish law in in in in in in this regard for up to 12 months of the the the the the employee’s stay
in in in in the the the the the other country if the the the the the the assigning employer is is based based in in in in Denmark Denmark and the the the the the the assigned employee is is based based in in in Denmark Denmark at the the the the the time of of assignment In addition there are a a a a a a a a a a a a a a number of of other conditions which must also be be be met If assigned by the the the the the Danish Danish state state or or or or or an an an an organisation performing services or or or or or work on on on behalf of the the the Danish Danish Danish state state the the the employee will still be be covered by Danish Danish law without any limitation in time The above only describes the the general conditions which must be be met in in in order for the the employee to to remain covered by Danish law in in in in in this regard It is is is always recommendable to to seek legal advice in in in in each individual case Notwithstanding that the the employer has taken out an an an an an industrial injury insurance and and pays contributions to to the the Danish Labour Market Occupational Diseases Fund this is is is is is not su su su cient to to to ful l l l l l l l the the duty of care The employer is is is is is still obligated to to make sure that the the the the work work is is is is performed in in in a a a a a a a a a a a a safe and healthy working environment Otherwise the the the the employer risks being met with a a a a a a a a a a a a claim for for for damages under the the the Danish Liability for Damages Act III EU LEGAL FRAMEWORK
When an an employee is assigned to work in another EU/ EEA member state the the the Posted Posted Workers Workers Directive Directive (96/71/EC) will usually apply Under the the Posted Posted Workers Workers Directive Directive Danish employers must comply with health safety and and hygiene standards that are at at least as as as favourable to the the the the employee employee as as as those of the the the the country where the the the the the employee employee employee is is carrying out the the the the the work work Consequently Danish employees assigned to work work in in in another EU/EAA member state will – – as as a a a a a a a a a a minimum – – be be covered by local health and safety law IV EMPLOYEES ASSIGNED TO DENMARK
When a a a a a a foreign employer assigns an an employee to work in in Denmark for for for a a a a a a a xed period of of time the the Danish Posting of of Workers Act Act will will apply Under the the the Act Act Act such foreign employees will will be covered by by the the the Danish Working Environment Act Act while performing work in in in in in Denmark as as well as as by by several other rules and and regulations including the the the the Danish Danish Danish Act Act Act on on on Equal Equal Treatment of Men and and and Women the the the the the Danish Danish Danish Danish Equal Equal Pay Act Act Act Act the the the the the Danish Danish Danish Danish Anti-Discrimination Act Act Act Act and and the the the the the Danish Danish Danish Act Act Act on on on Implementation of of Parts of of the the the the the Working Time Directive Furthermore foreign employers assigning employees to work in in in Denmark in in in connection with with provision of of services must register with with the the Register of of Foreign Service Providers (RUT) which is is is is maintained by the the Danish Working Environment Authority V LOCAL LAW
It is important to to to to check local health and safety law before assigning any any employees to to to to work there there in in in order to to to to see if there there are any any regulatory requirements requirements or or or or or or minimum requirements requirements which must be complied with with in in in in connection with with assignment of foreign employees to to work in in in in that that that speci c c c c c c c c c country country and and in in in in order to to to make sure that that that the standards or or or or or working conditions of of that that that country country are acceptable so as to to avoid the the the the risk of of a a a a a a a a a a a a a a a a a a claim for for damages under the the the the Danish Liability for for Damages Act Assuming that regulation will be more or or or or less the the the the same as in in the the the the home country simply is not su su cient A A A lot of countries operate with very very di di erent erent laws and and take a a a a a a a a a a a a very very di di erent erent approach to to enforcement Many legal issues may come into play and and and will require proper preparation and and well-drafted paper work Detailed advice should therefore be taken VI CONCLUSION
Danish employers should understand the risk involved in in in in assigning employees to work in in in in in a a a a a a a a a a a a a foreign country and and and ensure that all types of risks have been considered and and and appropriate measures put in in in in in in place – whether in in in in in in the the the form of training medical support and and screening insurance security or or the the the like In that that connection Danish employers should note that that the the regulatory and and and legal landscape may may vary from country country to to to country country and and and also be be aware that that there is is a a a a a a a a a a a a a a a a a a a a a risk that that they they may may become liable to to to pay damages if they they fail to to secure acceptable working conditions in in the the foreign country in in question NORRBOM VINDING 2015
Yvonne Frederiksen – Partner yvonnefrederiksen@norrbomvinding com www norrbomvinding com DANISH EMPLOYERS SHOULD BE AWARE THAT THAT THERE IS IS A A A A A RISK THAT THAT THEY MAY BECOME LIABLE TO TO PAY DAMAGES IF THEY FAIL TO TO SECURE ACCEPTABLE WORKING CONDITIONS IN IN A FOREIGN COUNTRY • DUTY OF CARE OWED BY EUROPEAN ORGANISATIONS TO THEIR MOBILE WORKERS 13