Illegal work
What is illegal work? - and how can your company avoid it?
When a citizen from a third country (outside EU/EEA or Switzerland) works in Denmark it is the responsibility of both employee and employer to make sure that it happens legally, according to Danish law.
Thus, as the employer you are responsible not to employ foreigners illegally. This is the case with both salaried and with volontary work.
Examples of illegal work:
- The foreigner does not have legal residence in Denmark
- The foreigner has a study permit but works more than 90 hours per month, with the exception of June, July and August.
- The foreigner has a work permit that is limited to a specific employment, but is working at a different company
- The foreigner continues work during a period with a permit limited to jobseeking
- The foreigner has an au pair permit or is a student at a folk high school, but works at a company
The list is not complete.
An employer who employs a foreign national without the necessary permit or divergent to the terms of the permit may be subject to a fine or imprisonment.
A foreign national working without the necessary permit risks being subject to a fine or imprisonment for up to 1 year, and being deported from Denmark and banned from re-entering Denmark for a certain period of time.
The rules apply both for companies and for private employers, e.g. private households employing cleaning help.
The Danish Agency for International Recruitment and Integration (SIRI) continuously carries out initiatives to ensure compliance with the legislation concerning foreign nationals. Among other things, these initiatives focus on illegal work and on conditions of residence and work permits being upheld.
Read more about verification and the spot checks carried out by SIRI
The Danish Agency for International Recruitment and Integration has issued a leaflet that will help you avoid employing foreign nationals illegally. The pamphlet explains what you must consider when you employ a foreign national. We recommend that you read the pamphlet carefully.
Read the pamphlet How to avoid employing foreign nationals illegally
If you have any further questions about the rules after having read the leaflet, you are welcome to contact the agency.
Read more about contacting the Danish Agency for International Recruitment and Integration
Please note that a number of different schemes exist that make it possible for highly qualified professionals to get a residence and work permit in Denmark.