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

AuthorNatalie Videbaek Munkholm
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
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:

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT