Ein täglicher Briefing über Entwicklungen in den Bereichen Personalwesen, Arbeitsrecht und Compliance in Europa für KMU-HR-Teams in der gesamten EU, im Vereinigten Königreich, in der Schweiz und in den nordischen Ländern.
Top story: Danish Supreme Court draws the line on prolonged temporary agency assignments
On 18 June 2026, the Danish Supreme Court handed down a landmark judgment in two joined cases concerning the Danish Act on Temporary Agency Work. The ruling clarifies two questions that matter for any employer using temporary staff in Denmark: first, whether agency workers covered by the Temporary Agency Work Act can simultaneously claim protections under the Salaried Employees Act; and second, when a series of extensions tips an assignment from “temporary” to something else entirely.
The court held that temporary agency workers within the scope of the Temporary Agency Work Act do not hold a “position of service” as required by the Salaried Employees Act, meaning they cannot claim protections under both statutes at the same time. On the question of duration, the court ruled that neither the length of an assignment nor repeated extensions automatically remove the relationship from the Act’s scope, provided each extension is objectively justified by the user company’s operational needs.
In the first case, two IT workers assigned for roughly 25 months across seven extensions were found to be legitimately temporary: the user company was winding down its IT function and genuinely could not predict when their roles would end. In the second case, a supply chain analyst assigned for three and a half years with four extensions was found not to have sufficient objective justification. The Temporary Agency Work Act therefore did not apply, and the agency was ordered to pay notice-period salary, sick pay and compensation under the Fixed-Term Employment Act.
Was zu tun ist: If you use temporary agency workers in Denmark, review any assignment that has been extended more than once or has lasted beyond 12 months. Each extension must have a documented, objective business reason tied to the user company’s needs. Assignments that have drifted into de facto permanent arrangements carry real legal risk: the agency (and potentially the user company) may face claims for salaried-employee protections, notice pay and compensation.
Auch die Entwicklung
Belgien: The general ban on night work was abolished on 1 June 2026 following Parliament’s approval of the Act containing various labour provisions on 30 April. Employers may now schedule work between 8pm and 6am without needing sector-level derogations, ending a restriction that had been in place since 1971. Special rules apply in retail, wholesale, logistics and e-commerce, where “night work” is now limited to hours between 11pm and 6am. Young workers remain prohibited from working at night. The reform also abolished the separate ban on construction work between 6pm and 7am. Was zu tun ist: If you operate in Belgium with evening or early-morning shifts, update your work rules (arbeidsreglement) to reflect the new regime. If you fall within one of the listed distribution or logistics joint committees, check whether the modified 11pm to 6am restriction applies. Ensure existing employees are not switched to new night schedules without following proper consultation procedures.
Vereinigtes Königreich The government launched a consultation on 30 June on how the Fair Work Agency should enforce statutory holiday pay obligations from 2027. The FWA, which began operating on 7 April 2026, consolidates enforcement of national minimum wage, statutory sick pay and holiday pay under one body. Under the proposals, the FWA would take a “supportive first” approach, helping employers correct underpayments before resorting to penalties. However, the agency would have the power to investigate holiday pay claims going back up to six years and to impose civil penalties for persistent non-compliance. The consultation closes on 22 September 2026. Was zu tun ist: Review your holiday pay calculations now, particularly for workers with irregular hours, overtime or commission. The shift from individual tribunal claims to proactive state enforcement means underpayment patterns that previously went unchallenged may attract investigation. Respond to the consultation if the proposals would affect your business.
Deutschland: The coalition reform package agreed on 2 July includes a proposal to streamline works council co-determination procedures for the introduction of AI and new technology in the workplace. The government has asked social partners to submit proposals by mid-October 2026 on how cooperation between employers and works councils can be made “simpler and faster,” potentially through amendments to the Works Constitution Act. The aim is to reduce the time and procedural burden involved in rolling out software updates, AI tools and technical equipment. Was zu tun ist: No immediate action is required, as the reforms remain at the proposal stage. However, if you operate in Germany with a works council, be aware that the current co-determination process for introducing technology may become faster and lighter once legislative changes take effect. Track the social partners’ proposals and any draft legislation that follows.
Auf dem Radar
Belgium, 1 August notice period (previously covered): From 1 August, a uniform one-week notice period applies during the first six months of employment for new indefinite-term contracts. One week to go.
Großbritannien, Konsultation zu Null-Stunden-Verträgen (bereits behandelt): Closes 25 August 2026.
EU-Plattformarbeiterrichtlinie (bereits behandelt): Die Mitgliedstaaten müssen bis zum 2. Dezember 2026 umsetzen.
Quellen
- Staffing Industry Analysts: Dänischer Oberster Gerichtshof klärt Grenzen für Leiharbeit
- DLA Piper: Nordisches Arbeitsrecht Bulletin, Juli 2026
- Partena Professional: Ban on night work abolished from 1 June 2026
- Bird and Bird: Belgium employment law, another set of reforms relating to working time and work regulation
- Liedekerke: Countdown to 1 June 2026, Belgium’s new labour rules explained
- GOV.UK: Make Work Pay, holiday pay compliance and enforcement consultation
- Littler: Holiday pay enforcement in the UK, consultation launched on the role of the Fair Work Agency
- Baker McKenzie: Fair Work Agency holiday pay enforcement strategy
- Bird and Bird: Koalitionsausschuss Juli 2026, employment law aspects of the reform package
- CMS: Arbeits- und Anstellungsrecht 2026, das Reformpaket für wirtschaftliche Erholung und Beschäftigung
Europe HR Compliance Pulse ist eine Informationszusammenfassung von öffentlich berichteten rechtlichen und regulatorischen Entwicklungen. Dies ist keine Rechtsberatung. Bestätigen Sie die Verpflichtungen für Ihre spezifische Situation und Ihren Markt immer mit einem qualifizierten Berater.
