(Unauthorised translation)
The Constitutional Act
Section 27(1). Rules governing the appointment of civil servants shall be laid down by statute. No person shall be appointed a civil servant unless he be a Danish subject. Civil servants who are appointed by the King shall make a solemn declaration of loyalty to the Constitutional Act.
The Civil Servants Act
Chapter 2. Appointment
Section 2. Appointment as a civil servant shall take the form of
- Permanent employment.
- Employment on probation with a view to subsequent permanent employment.
- Employment on a fixed-term basis.
Section 5(1). Appointment as a civil servant shall be based on public notice, unless the person concerned is appointed after prior employment on probation.
(2). The notice must indicate the appointment area and the designation of the position as well as the current salary level of the position and the current place of employment.
Chapter 3. The civil servant's official duties
Section 10. The civil servant must conscientiously comply with the rules that apply to his position, and both on duty and off duty prove worthy of the esteem and trust required by the position.
Section 12(1). Within his appointment area, a civil servant shall be obliged to submit to such changes regarding the scope and nature of the official duties which imply no change of the nature of the duties and which do not imply that the position may no longer be considered appropriate for him. The civil servant may to the same extent be required to assume another position.
Section17. A civil servant may solely have other employment than his position as a civil servant in so far as and to the extent that this is compatible with the conscientious performance of the official duties of the position as a civil servant and with the esteem and trust required by the position.
Chapter 5. Dismissal
Section 26(1). Civil servants appointed by the King shall be dismissed by the King.
(2). Other civil servants shall be dismissed by the Minister whom they serve or by the person who has the powers to do so. However, solely the Minister may announce compulsory retirement.
Section 27. A civil servant shall be entitled to require termination of his appointment by giving three months' prior notice to expire on the last day of any month.
Section 32(1). A civil servant who is dismissed because changes in the organisation or mode of work of the administration imply the abolition of the position shall keep his salary received so far for three years [...].
Chapter 6 a. Special provisions regarding fixed-term employment
Section 33 a(1). Appointment as a civil servant on a fixed-term basis shall apply to persons who
- already are employed as a civil servant,
- hold positions in which employment can be included in the pensionable service accumulated under section 4(1) or (2) of the Civil Servants' Pension Act or
- have retired from positions with a right to current or deferred pension as referred to in paras (1) and (2).
(2). Appointment on a fixed-term basis of others than persons
referred to in subsection (1) may take place on the same terms as those that apply to civil servants. However, the provisions regarding appointment by the King and the rules laid down in the Civil Servants' Pension Act shall not apply.
Section 33 b. The Minister concerned shall decide which positions may be held on a fixed-term basis [...].
Section 33 c. Appointment on a fixed-term basis shall cover a period of three to six years. A fixed-term contract may be prolonged by a total of three years. Reappointment subject to renewed position advertisement may not take place more than twice or otherwise if the grounds given for the reappointment are objective circumstances.
Chapter 10. Negotiation and organisational matters
Section 45(1). Pay and other terms of appointment shall be determined subject to agreement between the Minister for Finance and the central organisations referred to in section 49.
(2). Agreements, however, which solely concern the terms of appointment for civil servants under a particular ministry may, subject to specific decision by the Minister for Finance, be concluded by the Minister concerned.
(3). Agreements under subsections (1) and (2) may, however, not be concluded regarding matters that are determined by law or pursuant to law or concern the tasks, organisation or personnel requirements of the administration.
Section 49(1). The collective bargaining rights of civil servants and retired civil servants shall be exercised through the central organisations with which the Minister for Finance [...] concludes a general agreement on the procedure regarding the conclusion of agreements and regarding the rules for the exercise of the collective bargaining rights in general.
(2). The central organisations concerned are required jointly to provide all civil servants and retired civil servants with the opportunity of representation.
(3). In the general agreement, decision shall be taken on the opportunity for the organisations that are associated with the central organisations to negotiate issues that solely concern the members of the organisation.
Chapter 15a. Appointment of persons without Danish nationality
Section 58 c. Persons without Danish nationality shall be employed on terms similarto those of civil servants where persons with Danish nationality are employed as civil servants. The provisions regarding appointment by the King shall, however, not apply.
The Civil Servants' Pension Act
Chapter 2. Personal pension
Section 2. A civil servant shall be entitled to a personal pension when he, after a full ten years' service in a position where employment under the rules [....] may be included in the pensionable service, is dismissed due to age, as a result of health- related unfitness for service or for another reason that is not attributable to any fault of his own [....].
Section 3. A civil servants shall be entitled to retirement due to age from the last day of the month in which he attains the age of 60 or attains any lower age which, subject to rules laid down in another statute, may have been stipulated regarding this right.
Section 4. A civil servant's pensionable service shall include the number of years during which he after having attained the age of 25 has served as a civil servant [...] or has been entitled to redundancy payment pursuant to section 32 of the Civil Servants Act or would have been entitled to redundancy pay provided the person concerned had not attained the age of 65.
Section 6. The maximum personal pension shall be achieved after 37 years' pensionable service and shall constitute 57 per cent of the civil servant's pensionable salary [...].
Section 24(1). A civil servant who has accumulated pensionable service of at least three years and who resigns from the service without being entitled to a pension under section 2 and without transferring to other employment that, under section 4, is included in the pensionable service shall be entitled to redundancy payment, cf subsection (5).
