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Rules applicable when you resign

Know the rules that are important to you when you resign. This includes the rules on notice period, holiday, release from the duty to work and bonus.

Termination and resignation - summarized

Both you and your employer are obliged to follow the rules concerning termination of employment. This means that there are procedures and warnings that you should be aware of. Get a quick summary of the most common questions asked about termination of employment or read more of the details below.

About resigning

How do I resign?

You must resign at one month’s notice to expire at the end of a month. If, for example, you resign on 30 November, you may leave the company on 31 December. In case a longer notice period has been agreed in your contract, such notice applies. 

You may find it beneficial to resign late in the month as your employer will then be unable to ask you to take all your holiday during the notice period. 

Resignation in the probationary period 

If you are employed with a probationary period of three months, you may resign at one day’s notice in that period. Some contracts contain a mutual notice period of 14 days. In such case, you must resign no later than 14 days before expiry of your probationary period. 

Resignation in writing 

Your resignation must be made in writing, dated and include the effective date of termination. You need not give a reason for you resignation.  

You may, for example, write: "I hereby resign with effect from today, with my last working day being [date]".  

What should I be aware of if I am released from my duties?

Your employer decides whether to release you from your duties during the entire notice period or part of it. 

If you are released from the duty to work, it means that: 

  • You are still employed but do not have to work 
  • You receive your usual salary 
  • Your other terms and conditions generally continue unchanged 

You are allowed to perform other work as long as it is not in a competing company. In some cases, your employer may offset your new income against your salary. However, you are always entitled to at least three months' pay.

Duty to go job hunting 

If you have been relieved of your duty to work for more than three months, you must actively look for another job throughout the notice period. Your employer may refrain from paying salary if you fail to search for another job. 

As your employer may ask for documentation, we recommend that you keep a log of all your job search activities. Starting a business or an educational/training programme does not count as a job search.  

Loyalty 

Although relieved of your duty to work, you are still employed and subject to a duty of loyalty. As a result, you are not allowed to start working for a competing company without it being agreed, and you must continue to make only loyal statements about your employer.  
 
Make sure to agree on when and how to change your information on LinkedIn and other social media. 

Read Finansforbundet's pamphlet on termination of employment 

What about my holiday?

You must take any holiday planned in the notice period. 
When you leave the company, your employer must compute your remaining days of holiday, calculate your holiday allowance and pay the amount to FerieKonto (danish) or a holiday allowance scheme.  
See a statement of the amount and number of days of holiday on Borger.dk (danish).

If you are entitled to an increased holiday supplement, such amount is payable in accordance with the rules of the collective agreement. 

What about the free-choice bank?

When you stop working for the company, your free-choice bank balance is paid out at the hourly rate applicable on the date of payment. 

Your employer may demand that you take the hours corresponding to the days of holiday secured by the collective agreement in the notice period.  

Flex hours will not be paid out to you, but you may agree with your manager to take the hours in the notice period. 

Will I receive my bonus?

If you have signed a bonus agreement, making bonus a fixed foreseeable part of your salary, and the requirements have been met, you are, as a general rule, entitled to a bonus – even if you resign. 

The amount of your bonus depends on what has been agreed in your bonus agreement and when you leave: 

  • At the end of a year, you are entitled to a bonus for the entire year of accrual.
  • In the middle of the year, e.g. on 30 September, you are entitled to a proportionate share of your bonus of 9/12.

Severance agreement 

If you enter into a severance agreement, you should pay attention to whether the agreement removes your right to bonus as it is often considered a full and final settlement. You should therefore talk to your union representative or Finansforbundet before signing. 

Holiday allowance 

As bonus forms part of your salary, you will therefore receive holiday allowance on your bonus. 

You may retain your membership regardless of whether you are dismissed or resign. You may also retain your insurance scheme if you continue to be a member.

Contact Legal Department

32 66 13 30

Call us Monday-Thursday between 8:30 a.m. and 4 p.m. or Friday between 8:30 a.m. and 3 p.m.

You can also write to jura@finansforbundet.dk