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

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

49

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

provisions of the Recast Directive)

8.1 General (legal) context

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

The report Atypical employment in Denmark by Professor Steen Sch euer50 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 empl oyees).

8.1.2 Other issues

There are no further issues.

8.1.2 Overview 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 Treatm ent between Men and

Women in insurance, pension and similar matters.

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

Benefits in the Event of Childbirth.

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

Insurance.

8.1.3 Political and societal debate and pending legislative proposals

There are no current political debates or pending legislative proposals.

8.2 Implementation 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 .

50 Report ‘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.