In recent years, changes in rules and practices regarding foreign workers' access to Denmark have made it more relevant to know which activities you are allowed to perform and which conditions you need to fulfill in order to obtain a residence and work permit (hereafter work permit for convenience) - especially if you are not a citizen of an EU member state - as the consequences of not meeting the conditions may significantly impact on your future work opportunities in the EU.
This article takes a brief look at what constitutes work within the meaning of the Danish Aliens Act, as not all activities are categorized as work.
How is work defined in the Danish Aliens Act?
If a foreign national is to perform tasks for a company in Denmark or otherwise actively participate in activities that result in an output for the company in Denmark, this constitutes work within the meaning of the Danish Aliens Act.
However, it is not considered work if a foreign national is only attending meetings or training in Denmark for a short period of time (less than 90 days). But be aware that e.g. peer-to-peer training at the workplace requires a work permit if it takes place in the production environment and thus, directly or indirectly, contributes to the Danish company's production/output.
Work means performing a service for someone in the here and now. Whether something is a service should be interpreted broadly comprising all types of services. It is important not to take the here and now criterion too lightly, as the work permit requirement applies from the moment the foreign national starts providing a service that qualifies as work.
The Danish Supreme Court has ruled that foreigners must have a work permit even if the work is short-term, occasional and unpaid. In a Danish Supreme Court decision of 3 June 2024, the Supreme Court found that the business owner had violated the Danish Aliens Act (section 59(5)) , because a foreign national without a work permit and by prior agreement between the parties had briefly helped carry bicycles from a truck into the business owner's bicycle shop without receiving remuneration for this.
The work was completed in less than 30 minutes and resulted in the business owner being fined DKK 10,000.
There is no requirement that the work must have been planned in advance. A foreigner who did not intend to work upon entry, but ends up doing so anyway, must also have a work permit.
When do you need a work permit?
According to section 13 of the Danish Aliens Act, third-country nationals must generally have a work permit to work in Denmark, regardless of the type of work they will be performing and the duration of the work. Certain limited activities can be carried out without a work permit (e.g. in connection with certain types of business visits or activities covered by the fitter rule). The work permit must have been granted before work commences in Denmark; however, there are certain exemptions that this article does not elaborate further on.
In some cases, a foreign national may have the right to work in Denmark on the basis of a granted residence permit that is not directly based on work in Denmark, but e.g. on family reunification rules. The exact conditions and rights in relation to work are stated in the foreign national's residence permit.
If you need advice on when a work-related activity qualifies as work, or if the work in question is covered by the exemptions from the requirement for a work permit and work in Denmark, CLEMENS' corporate immigration team is ready to assist you.
