New Act tightens sanctions for violations of the Danish Act on Posting of Workers
An amendment to the Danish Act on Posting of Workers has been adopted. The amendment increases the fines imposed in case of gross violations of the reporting duty to the Register for Foreign Service Providers ("RUT").
A violation of this reporting duty may entail liability to a fine. Pursuant to the present Section 10 a (3) of the Act, it is - upon sentencing - considered an aggravating circumstance if the violation is intentional or caused by gross negligence, or if the violation has caused or was intended to cause a financial advantage for the person involved or others.
The amendment has now added that it is also considered an aggravating circumstance if "the violation is otherwise of a serious nature". Pursuant to the preparatory notes to the Act, this includes, inter alia, cases where the undertaking has been previously sanctioned for violations of the reporting rules or where extensive misinformation has been reported to the Register for Foreign Service Providers.According to the preparatory notes to the Act, the level of fines lies in normal cases at DKK 10,000. The amendment presupposes that the level of fines is basically increased by 100 per cent in case of violations of a serious nature.
However, on basis of an overall assessment of the specific circumstances of each individual the case, the courts may set the fine at a larger or smaller amount.The amendment of the Act entered into force on 1 March 2015.