Amendments to the Danish Posting of Workers Act and the Danish Aliens Act

The legislative amendments entail that foreign companies posting third-country nationals to Denmark in connection with the delivery of services must upload service agreements entered into with the customer along with the relevant employment contracts and residence and work permits in RUT ("the Danish Register of Foreign Service Providers"). Supplementary information provided to the employee in connection with the posting, such as in a posting agreement, must also be uploaded to the register.

Furthermore, foreign service providers must ensure that all employees at the company, as well as the service provider themselves, can present valid identification to the Danish Working Environment Authority during inspections.

Additionally, the Danish Agency for International Recruitment and Integration (SIRI) may, during future control visits to companies employing one or more foreign nationals with a residence and work permits, request that such individuals present valid identification.

The new requirements for presenting identification to the Danish Working Environment Authority and SIRI will come into effect on January 1, 2025. However, the enhanced information requirements in RUT will not take effect until January 1, 2026.

All foreign service providers must already register themselves and their employees who will perform work in Denmark in RUT before commencing work in Denmark. With these legislative amendments, the scope of required documentation is being tightened. A significant amount of information is required in the register, often resulting in a substantial amount of work before a company can legally begin providing services in Denmark. Therefore, it is important that this is done as early as possible, and that foreign companies ensure they seek advice in this regard to ensure that registrations are done correctly and sufficiently.