Parliament Act no. 11 of 29 November 2013 on the legal relationship between employers and employees

Modified repeals, hovedlov replaces information

Chapter 1
Salaried concept
§ 1. functionaries purposes of this Act the following persons:

1) Persons whose work consists in administration, office work, information dissemination, consulting, teaching or research.

2) Persons whose job consists of technical or clinical assistance of non-craft or factory work, educational work and other workers who perform work only part time.

3) Persons entirely or essentially consists of the employer's behalf to manage or oversee the execution of the work of others.

4) persons whose work is mainly of the under Nos. 1 and 2 in respect.
Subsection. 2. The Act only apply to the age of 18, is employed by the employer on average more than 15 hours a week and occupies a position and thus subject to the employer's instructions.
Subsection. 3. The Act also applies to fixed-term employment contracts. The renewal of successive fixed-term employment contracts can only happen if the renewal is justified on objective grounds. A fixed-term employment contract means that the time of expiry of the employment are determined based on objective criteria such as a specific date, completing a specific task or the occurrence of a specific event.
Subsection. 4. The provisions of this Act shall not apply to:

1) Civil servants employed by the State, the Government of Greenland or the local authorities in Greenland.

2) Sailors.

3) Artists, musicians and artists.

4) Students.

Chapter 2
Salaried Termination
§ 2. The employment contract between the employer and the salaried employee may termination only be terminated by notice in accordance with the following rules. The same applies to the termination of a fixed-term contract before the date of the employment contract expires.
Subsection. 2. Termination by the employer must be given at least:

1) one month's notice for expiry at the end of a month in the first 6 months after recruitment.

2) 3 months notice for expiry at the end of a month after 6 months of employment.
Subsection. 3. The period of notice referred to in paragraph. 2, no. 2, increased by one month for every three years of service, up to a maximum of 6 months.
Subsection. 4. If the employer shows that it has been agreed that the work is of a purely temporary nature and the working relationship is not over 1 month, the rule in paragraph. 2, no. 1 shall not apply.
Subsection. 5. If the employer shows that engagement is on trial and the employment relationship does not over 3 months, termination from the employer be given at least 14 days notice.
Subsection. 6. Termination of the salaried employee must be made with one month's notice to expire at the end of a month, unless it has been agreed that the employment relationship is of a purely temporary nature and does not continue beyond one month, or the employment relationship is on probation and does not continue beyond more than 3 months. There may, by written contract made provision for further notice from the employee on condition that the notice of termination from the employer extended accordingly.
Subsection. 7. The notice shall be in time for resignation with it for a period of employment given notice can be done within that period. Termination in accordance with paragraph. 2, 3 and 6 must be provided in writing within the last dagi the month following the expiry of the notice period begins to run. At the employee's request, the employer must provide information about the reason for termination.
Subsection. 8. If a salaried employee continues in a company after it has changed hands, the period during which the employee has been employed in the company as a clerk before the change of ownership, be included in calculating seniority.
Subsection. 9. Where there as part of the contract of employment available to the employee and his family, the period of notice from the employer at least 3 months. The salaried employee is with his family entitled to against the agreed consideration - respectively free of charge - to occupy the dwelling for up to 1 month after his resignation. The same right family in the event of his death. If the employer considers it necessary for the company's best interests, shall be authorized to require the family moving out immediately against holding the with the relocation related expenses.

Subsection. 10. The above rules gives way for organizations concerning notice provisions in case of a duly notified work stoppage.
§ 3. If a salaried employee who has been continuously employed in the same company for 12, 15 or 18 years, terminated, the employer by the employee pay a sum equal to 1, 2 or 3 months' salary.
Subsection. 2. Paragraph. 1 shall not apply if the employee upon retirement will receive a retirement pension under the relevant legislation.
Subsection. 3. Paragraph. 1 shall also not apply if the employee upon retirement will receive a retirement pension from the employer and the employee has joined the pension scheme before the age of 50.
Subsection. 4. Paragraph. 1 shall also apply in the event of unjustified dismissal.
§ 4. If dismissal of a salaried employee who has been continuously employed in the company for at least one year before termination, can not be considered reasonably justified by the employee or the company, the employer must pay compensation. This determined taking into account the employee's period of employment and the other circumstances, but can not exceed the employee's wages for a period equal to half of the notice period, due, according to § 2. 2 and 3. Is the employee's termination is 30 years of age, the compensation may be increased to up to 3 months' salary.
Subsection. 2. If a salaried employee has been continuously employed in the company for at least 10 years, can in paragraph. 1 shall compensation be up to four months' salary. After 15 years of continuous employment with the company compensation may amount to up to 6 months' salary.
Subsection. 3. Paragraph. 1 and 2 shall apply mutatis mutandis in case of unjustified dismissal.
§ 5. If the employer unjustifiably refuses to accept the employee in its service or unjustifiable expel him from the service, and salaried by the interruption is entitled to a maximum of 3 months' notice in accordance with § 2, the employer has the obligation, if the general compensation procedures are not cause greater responsibility to pay compensation equivalent to the salary until the time at which the employee on that day could have been terminated, or - if he had already resigned - to the termination deadline. The same applies if the employee is temporarily employed and there are three months or less remained in this appointment.
Subsection. 2. If the employee by the employer undue interruption of service ratio requirement of more than 3 months' notice, compensation is fixed according to the general rules of liability. The same applies if the employee is temporarily employed and there are more than 3 months left of this employment. The salaried employee at least be entitled to compensation equivalent to the salary until expiry of 3 months' notice in accordance with § 2.
Subsection. 3. The provisions of this section will also apply when the employee terminates the employment relationship due to gross misconduct by the employer.
§ 6. If the employee fails without good cause to join the service or leaving it, or the employer terminates the employment relationship due to serious breach of contract by the salaried employee, the employer has the right to compensation for the loss, the employer applied thereby. In case of unexcused absence or if the service is vacated, the employer has at least entitled to compensation equal to half a month's salary, unless there are special circumstances.

Chapter 3
Function glory rights and obligations
Disease
§ 7. If the employee due to illness incapable of performing his duties, considered the resulting absence of legal maturity of the employee, unless that in recruitment time have contracted the disease intentionally or by gross negligence, or entering the post, fraudulently failed to disclose to suffer from the disease.
Subsection. 2. It may, by written agreement in the individual employment relationship is determined that the employee can be terminated with one month's notice for expiry at the end of a month, if the employee for a period of 12 consecutive months has received sick pay in total for 120 days and sick leave not due to a work injury. Validity of the dismissal is conditional upon it being given immediately on the expiry of the 120 sick days and while the employee is still sick, whereas validity is not affected by the fact that the employee has returned to work after the termination has occurred.

Subsection. 3. Is the employer the employee room and board as part of the salary, the employer is obliged to give the employee the necessary care during the disease, as long as the employee remains in the employer's house.
Subsection. 4. During illness of more than 14 days, the employer right - at no cost to the employee - to request further information about the duration of the employee's illness from the attending physician or by the employee chosen specialist. If the employee fails to do so, the absence of adequate justification, the employer is entitled to terminate the employment relationship without notice.

Military
§ 8. A salaried employee is called to serve in the civil or military conscription does not entitle the employer to dismiss the employee. The employment relationship can only be executed for termination pursuant to § 2, and the employee has the right to pay in accordance with this paragraph paragrafs. 2. A salaried employee shall be obliged to inform the employer as soon as he receives the communication time of the call, but not before so long before the call to the employee under the provisions of § 2. 6, could have terminated the employment relationship to an end at the end of the pre-call time lying month. Failure to do so entitles the employer to know the first call to raise the relationship without notice of call day and by subsequent calls to demand compensation for the damage caused by the failure to give notice.
Subsection. 2. A salaried employee is not entitled to pay during the first call, but the employer harunder subsequent calls obliged to pay wages for the month in which he is called, and the following month.
Subsection. 3. Following-up for military service the salaried employee the right to be reinstated in his post with the same seniority. If the employee wishes to take advantage of this right, it is for him while he notifies the notice referred to in. Paragraph. 1, to inform the employer of this, and he is in this case required by the repatriation to be reinstated in the position.

Function of glory dead
§ 9. Where a functionary of seniority, it is the employee's spouse or children under 18, as the salaried employee dependents to 1, 2 or 3 months' salary if the employee by death been employed in the enterprise for 1, 2 or 3 years.

Expenses for travel, accommodation etc.
§10. If a salaried employee in the employer's service entails expenses for travel, accommodation outside the place and like the salaried employee entitled to all necessary expenses shall be borne by the employer, and this is obliged to give the employee an appropriate advance for these expenses. This is true even where those costs are to be paid the agreed salary or commission, but the sales effected insufficient to cover the normal costs.
§ 11. Advance on commission employee may only be recovered by the employee's unpaid wages or earned commission and can not be recovered as ordinary credit claim.
Subsection. 2. The §§ 4, 5, 7, 8 and 9 shall benefit calculated for commissions paid officials on the basis of the commission income that the employee probably would have earned if the employee had not been hindered in its activities in those periods.

Of association, negotiation and mediation
§ 12. Salaried employees have the right to organize for the protection of their interests and to provide information to their organization on their own pay and working conditions.
Subsection. 2. All workers / employees are entitled to through his organization to request negotiations with the company management on pay and working conditions. Bargaining rights by organizations related to Greenland.
Subsection. 3. The negotiation outcome is signed by both parties. Each party shall retain a copy of the signed negotiation result.
Subsection. 4. If the negotiations do not reach an agreement between the parties or a party evades negotiations, either party shall have the right to request that the negotiations continued with the assistance of a conciliator in accordance with §§ 13 - 16
§ 13. Can the parties do not agree to appoint a conciliator, see. § 12 shall be appointed on the recommendation of the parties for each case of the Court of Greenland.
Subsection. 2. Comments on the appointment of a conciliator shall be made in writing and settled in § 12 paragraph. 3, referred to negotiation result accompanied by a summary of the facts. In cases where mediation is requested because a party has refused to negotiate, there must be only a brief summary of the case.

§ 14. Within 5 days after his appointment conciliator shall summon the parties to the negotiations and fix the time and place for this.
Subsection. 2. Mediation man must seek agreement between the parties. If this fails, give the appointed conciliator in a report on the negotiations to the Court of Greenland. The parties must also have a certified copy of the report.
§ 15. Failure to appear before the Arbitrator may cause measures in the form of fines that accrue to the Treasury. Legal entities may be fined under the provisions of the Criminal Code for Greenland, Chapter 5.
§ 16. The conciliator receives remuneration. For designated mediation men determined that the Court of Greenland.
Subsection. 2. Is the Arbitrator appointed by the Court of Greenland paid the mediation associated costs in advance of the public, but are paid equally by the parties. They shall be enforceable under the applicable rules of the Code of Greenland.

Other duties and employment
§ 17. A salaried employee is entitled without the consent of the employer to perform duties outside of the service when the engagement is of no disadvantage for the employer and is compatible with the esteem and trust that the position requires.
§ 18. After the employee has given or received notice of termination, the employer must provide the employee with the necessary exemption from work to seek other employment. Exemption without deduction lønnenkan not exceed 5 working days. The salaried employee must take appropriate account of the employer's desire to search for work presented at the practice's work most favorable time.
§ 19 salaried employee at any time to the employer in writing to confirm during which time the employment relationship has lasted, the type of work the employee generally has worked and what salary the employee received.
Subsection. 2. Violation of this provision may result in action in the form of fines that accrue to the Treasury. Legal entities may be fined under the provisions of the Criminal Code for Greenland, Chapter 5.
§ 20. If a salaried employee, by agreement or custom receive bonuses, performance bonuses or similar performance, resigns during the year, it is the employee a pro rata share of the benefit to the employee would be entitled if the employee had been employed by the company at year-end or at the time the service would be paid.

Competition and customer clauses
§ 21. If a salaried committed to that person for reasons of competition must not conduct business or other activity of some kind or accept employment in any such Contracts Act §§ 36 and 38 apply . The obligation can be imposed only highly trusted officers, and it can only be exercised until 12 months from the termination date, and only if the employee has received or receives a written contract provided reasonable compensation for the restriction on access to the profession. The amount of compensation must be listed separately in the contract, but must per. month for at least one third of the monthly salary at retirement date. The right to compensation shall lapse if the employer has summarily dismissed the employee.
Subsection. 2. An employer may terminate an agreement referred to in paragraph. 1. This must be done with one month's notice to the end of a month.
Subsection. 3. If the employee has been employed for 3 months or less with the employer, an agreement under subsection. 1 can not be invoked, and there shall be paid compensation in accordance with paragraph. 1. If the employee has been employed for more than 3 months but not more than 6 months with the employer, the agreement may not be invoked for longer than 6 months after the resignation.
Subsection. 4 pcs. 1-3 does not apply if a collective agreement concluded after its entry into force, laid down rules on the content and conclusion of the agreements referred to in paragraph. 1.
§ 22. An obligation on the employee to after the resignation not to take employment with or directly or indirectly to have professional contact with his former employer's customers and other business relations can only be invoked if there has been an association with the customer, etc. within the last 12 months before the termination date. The obligation also applies only in relation to customers, as the employee has had personal business contact with his former employer. In the Contracts Act § 36 applies.

Subsection. 2. The obligation may apply solely to the employee until 12 months from the termination date, and only if the employee has received or receives a written contract provided reasonable compensation for the restriction on access to the profession. This compensation should the contract be stated separately, but must, by. month for at least one third of the monthly salary at retirement date. If the employee receives compensation in accordance with § 21, the entitlement to compensation for customer clause. The right to compensation shall lapse if the employer has summarily dismissed the employee.
Subsection. 3. An employer may terminate an agreement referred to in paragraph. 2. This must be done with one month's notice to the end of a month.
Subsection. 4. If the employee has been employed for 3 months or less with the employer, an agreement under subsection. 1 can not be invoked, and there shall be paid compensation in accordance with paragraph. 2. If the employee has been employed for more than 3 months but not more than 6 months with the employer, the agreement may not be invoked for longer than 6 months after the resignation.
Subsection. 5 pieces. 1-4 does not apply if a collective agreement concluded after its entry into force laid down rules on the content and conclusion of the agreements referred to in paragraph. 1.

Chapter 4
Other provisions and entry into force
§ 23. If a company through advertising, which the company name and address not listed, looking for staff covered by this law must clearly show ad, what training and other qualifications applicants must be in possession of, and the minimum wage for the work.
Subsection. 2. If as a condition for accepting a position required cash deposit, the name and address stated in the advertisement.
Subsection. 3. Violation of these rules may result in action in the form of a fine, payable to the Treasury. Legal entities may be fined under the provisions of the Criminal Code for Greenland, Chapter 5.
§ 24. The provisions of this Act contained provisions can not by agreement between the parties waived to the detriment of the employee, see. However, § 21 paragraph. 4 and § 22 paragraph. 5.
Subsection. 2. The Government may establish rules under which the provisions of §§ 2 and 7 may be waived in special cases when interests of the employee thereof.
§ 25 Inatsisartutloventræder into force on 1 January 2014.
Subsection. 2. § 21 and § 22 shall enter into force on 1 January 2014 with the effect of the commitments entered into January 1, 2014 or later.

Greenland, November 29, 2013

Ms Hammond