You are not an employee if you have been a CEO or part of the company’s top management team.
When LG assesses whether you were a CEO or part of the top management team, LG bases its decision on your competencies and powers. It is not critical whether your job title is CEO or not.
It is the functions of a job – not the job title – that are of critical importance.
You are the one that has to document that you have not been a CEO but have instead performed your work as a regular employee.
You are not an employee if you have been a manager with delegated powers to manage the company’s operations – for example, if you have been a managing director or the like.
When LG assesses whether you have been a manager with delegated powers, LG bases its decision on your competencies and powers.
It is not critical whether your job title was managing director or the like. It is the functions of a job – not the job title – that are of critical importance.
If you have an employment contract where you have been employed as managing director or the like, it is you that must prove that you have only been an employee.
You must therefore prove that you have not been delegated powers as a managing director or the like.
You are not an employee if you have had executive-level delegated powers.
This also applies even if your job title was not CEO, etc.
It is the functions of a job – not the job title – that are of critical importance.
If you have been a member of a company’s board of directors, LG will assess whether you have been an employee.
LG bases its decision on, for example, whether you simultaneously with holding your post on the board was also a CEO, managing director or closely connected to the company.
If you are an employee representative in the board of directors, you will normally be considered an employee and be able to get salary paid from LG.
Generally speaking, you are not an employee if you are a freelancer or a business agent.
In these cases, you make your own hours and decide what work you want to take on, and you are therefore not subject to an employer’s instructions and control.
You are not an employee if you are a musician or an artist working solo. In these cases, LG will consider you as being self-employed and not subject to an employer’s instructions and control.
If you perform on a regular basis and have a long-term agreement to do so, then this may, however, count as an employee relationship where LG covers salaries, etc.
The Employees' Guarantee Fund (LG) ensures that employees receive wages etc. when their employer is declared bankrupt or ceases operations. LG can also help the employer to pay wages to employees working for the company, while it is subject to financial reconstruction.
The legislation to which LG is subject falls within the Danish Ministry of Employment, but you cannot complain about the decision to the Ministry. If you do not agree with LG's decision, you are welcome to contact us and possibly send further documentation supporting your claim. LG will review your case and send you a new decision.
If you still do not believe that our decision is correct, you will have to initiate legal proceedings against LG at the courts. LG has no appeals board, and therefore the case can only continue at the courts. In this case, you must contact the court in Hillerød.
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