The probation period in Denmark is a defined time at the start of many employment contracts when the employer and the employee have a trial period. It is a time for both the employer and the employee to decide if the job, the tasks, and the working relationship are what they both expect. 

Denmark has strict labor laws. However, there is some flexibility during probation, and it is still regulated by law. Both sides need to be aware of these regulations to avoid legal consequences.

Definition of a Probation Period in Denmark

The probation period in Denmark is known as “prøvetid”, which means “try-out time”. It is a fixed time period at the beginning of the employment relationship during which both the job and the employee can be tested. It gives the employer time to see how the employee performs and behaves, and if they are suitable for the job.

On the other hand, it also gives the employee time to decide if the job is to their liking and if the job matches their values and career goals.

The probation period must be agreed upon in the contract, in writing. If it’s not written, then there is no probation period. This is very important to know, as in Denmark, any verbal agreements do not count. If there is no probation period, then the normal employment termination notice period applies from day one.

Lengths of Probationary Periods in Denmark

Probation periods are limited to a maximum of three months according to the Danish labour law. This applies specifically to salaried employees, as covered by the Danish Salaried Employees Act, or Funktionærloven in Danish. 

The three-month maximum is absolute and cannot be extended. Even if an employer and employee verbally agree to a longer trial period, it will be recognized under law.

Permanent or Indefinite Contracts

In most situations where employees are hired on indefinite contracts in Denmark, probation periods are not necessary. However, if one is used, the law provides for a maximum probation period of three months from the date of starting work. 

This period must be stated in writing in the employment contract in order for it to be legal. The employer can end the probation at any time by providing 14 days’ written notice. The same rule applies if the employee wants to leave during this period. The employee’s subsequent notice periods, after probation is over, will be calculated by the law based on the length of service. This should be written in the contract.

Fixed-term or Definite Contracts

Probation periods can be used in fixed-term or definite contracts as well, although they are not common for short-term employment. In case the fixed-term or definite employment lasts for more than three months, the employer can use a probationary period up to a maximum of three months. 

The 14-day note period applies here too. If the definite or fixed-term employment is less than three months, a probationary period would not be appropriate.

Legal Considerations for Probation Periods in Denmark

The Danish Law is strict in favor of the employee. The Salaried Employees Act regulates most legal issues related to the probation period, but only for white-collar workers. This law also states that a probation period only becomes valid when it is stated in the employment contract. It also states the maximum period for probation to be three months. Any amount over that number is invalid. The law also requires a minimum notice period of 14 days for both the employee and the employer.

Discrimination is illegal in Denmark, and this includes termination due to one’s gender, age, sexual orientation, religion, or belief, disability, or any other discriminatory reason. Even if an employee is probationary, they can’t be fired on a discriminatory basis. They can still take legal action against the employer, regardless of their work performance or terms in the contract.

Pay and Working Conditions

Probationary employees have the same rights as other workers on salaries, working conditions, and benefits. Being on probation doesn’t mean an employer gets paid lower wages or gets no rights. 

As of 2025, the government of Denmark does not have a statutory minimum wage. In the private sector, the lowest pay is usually set by collective bargaining agreements between the labor union and employer associations. A probationary employee should get paid the same amount that their peers doing the same job under a regular contract get. Otherwise, the employer can face legal issues.

The working hours are also the same during the probation period. Probation does not increase or decrease the number of working hours for an employee during this period. In Denmark, this is 37 hours a week. 

Employers cannot withhold sick pay, social security contributions, or other benefits simply because the employee is on probation.

Termination and Notice

Probation termination is subject to the same rules in Danish law as regular employment. It can be terminated by the employer or employee with a 14-day written notice. Notice should be given during the probationary period. 

Termination must still comply with the non-discrimination rules. The employer does not have to give a reason for the probation termination as they would with regular contract termination. 

If the employee can prove that they were fired for an unlawful reason, such as pregnancy or health problems, they can challenge the employer in court.

Vacation/Holidays

Vacations and holidays start accumulating immediately when the employee is hired, even when on probation. Danish Vacation Law gives the employees 2.08 paid vacation days every month, making a total of 25 paid days a year. 

An employee on probation can take leave or vacation at any time. However, depending on whether they have earned vacation days, they will be either paid or unpaid. If they have not earned enough days through their length of service, the leave will be unpaid. 

An employee who leaves the company after they have been on probation, whether because they left or the company fired them, will get compensation for any unused vacation days.

Benefits of Probation Periods in Denmark

In Denmark, probation periods are useful for both the business owner and the new employee. It gives time for both parties to make a well-informed decision regarding the future of their employment contract.

  • For Employees

Probation offers a great opportunity for the employees to experience the work environment and get to know their future colleagues. They can decide whether they like the job and the team members without the commitment of a long-term engagement at this stage. 

If it’s not working out, they can always leave without giving reasons and with no need to comply with the long notice period rules that apply to fully employed staff.

  • For Employers

Employers benefit from probationary periods because they allow them to test out a new employee. If the employee is not productive or professional, the employer can terminate the contract without going through the complex termination process of regular contracts. 

This saves the business time and money, and reduces the risk of making a bad long-term commitment. Employers can also use the probation period to educate new employees about the company policy.

Conclusion

Probation in Denmark allows both the employee and employer to see if a long-term contract is the right decision. During this period, both sides have time to check that the work, team, and responsibility are ideal for everyone. 

Probation in Denmark is flexible but is regulated by Danish law. This ensures that the employee is treated equally with the same salary and employee rights and can’t be fired on a discriminatory basis.

If you are hiring in Denmark or building a remote team and want to avoid the hassle of dealing with contracts, local policies, and probation regulations, Remote People can make the process easy. We take care of all the legalities while you focus on growing your business.

Frequently Asked Questions

No. Even during the probation period, both the employer and the employee must give 14 days written notice if they want to end the employment. 

No. The probationary period is not a requirement under Danish law. But if it is agreed, it must be stated in writing in a contract.

Yes, an employee who is on probation has the same rights as other employees. They are also protected against discrimination under the law. An employee’s rights are not reduced by being on probation.