Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

• Author: Natalie Videbaek Munkholm
• Pages: 49-52

49

8Self-employed workers ( Directive 2010/41/EUand some relevant

provisions of the Recast Directive)

8.1General (legal) context

8.1.1Surveys and reports on the specific difficulties of self-employed workers

The report Atypical employment in Denmark by Professor Steen Scheuer50 analyses the

working conditions of self-employed independent contractors and identifies the risk factors

in comparison to regular employment. The report inter alia documents that whereas 95 %

of employees in typical employment are entitled to their normal salary during sick leave,

only 30 % of self-employed have taken out insurance giving them the same right.

According to the report, only just under 60 % of self-employed have independent pension

savings (compared to 92 % and 72 % respectively for normal and atypical employees).

8.1.2 Other issues

There are no further issues.

8.1.2Overview of national acts

Section 5 of the Consolidation Act No. 645/2011 on Equal Treatment of Men and Women

as regards Access to Employment, etc.

Section 3 of the Consolidation Act No. 1001/2017 on the Prohibition of Discrimination in

the Labour Market, and

Section 1 of the Consolidation Act No. 950/2015 on Equal Treatment between Men and

Women in insurance, pension and similar matters.

Section 2 of the Consolidation Act No. 67 of 25 January 2019on Entitlement to Leave and

Benefits in the Event of Childbirth.

Section 57a of the Consolidation Act No. 1092of 1 November 2019 on Unemployment

Insurance.

8.1.3Political and societal debate and pending legislative proposals

There are no current political debates or pending legislative proposals.

8.2Implementation of Directive 2010/41/EU

There is no specific act on self-employed persons in Denmark nor is there a general

definition of the concept of self-employment in the legislation.

Directive 2010/41/EU on self-employed people and helping spouses did not require

transposition into Danish law, since it was not interpreted as requiring any substantial

changes compared to what was already current Danish law.

50Report ‘Atypisk beskæftigelse i Danmark Om deltidsansattes, midlertidigt ansattes og soloselvstændiges

vilkår’, LO-Dokumentation Nr. 1/2017 available here in Danish: https://fho.dk/wp-

content/uploads/lo/2017/09/atypisk-beskaeftigelse-i-danmark-steen-scheuers-rapport-endelig.-rettet-

version.pdf.