The Danish Labour Court Case 98.342 rules that employment relationships are terminated when a lawful industrial action takes place. Moreover, employees will not automatically be reinstated in their jobs afterwards. This is in contrast to legal systems where employment relationships are only regarded as suspended. However, when the work-stoppage is brought to an end, Danish law rules that the agreements ending the conflict must normally be interpreted so as to provide reinstatement (in all former employee-rights) unless the situation of the commercial market dictates otherwise. Thus, the position of the employee in Denmark does not differ much from that within legal orders according to which the employment relationship is only suspended during lawful industrial conflicts.
International Journal of Comparative Labour Law and Industrial Relations