Certification for the collective-agreement-based pay limit scheme
1. Result of the check
SIRI decides the case, and the union can object. The result is based only on your own answers.
| Condition | Status | Legal basis |
|---|---|---|
| Covered by an approved collective agreement Your agreement appears to be covered. The final list will be set by an executive order that has not yet been issued. | Met | section 9 a(21)(1)(a) and (31), 2nd sentence |
| Ongoing access for control Control follows the control agreement through the union representative in the area where the foreign workers are employed. | Met | section 9 a(21)(1)(b) and (42) |
| No fine for underpayment No fine within 2 years. This must be declared on your honour. | Met | section 9 a(21)(1)(c) and (22), 2nd sentence |
| Fee paid no later than the application The certification fee is DKK 6,810 in 2026 (executive order 1612/2025). The 2027 rate has not been published yet. | To do | section 9 a(21)(2) and 9 h(3) |
| At least 10 full-time employees in Denmark You have 34 permanent full-time employees. The requirement is at least 10. | Met | section 9 a(21)(3) |
| No lawful industrial dispute No lawful industrial dispute. | Met | section 9 a(21)(4) |
| No outstanding enforcement notice No outstanding immediate enforcement notice. | Met | section 9 a(21)(5) |
| No conviction for illegal employment No conviction under the Aliens Act within the last year. | Met | section 9 a(21)(6) and (22) |
| Guidance meeting with SIRI A member of management attends. At the meeting the business signs a statement that it has been informed of the rules. | Met | section 9 a(21)(7) |
| Service certificate without remarks Nothing suggests any remarks. Order the certificate so it is no more than 3 months old when you apply. | Met | section 9 a(21)(8) |
| Operating with annual reports for 2 years Operating for at least 2 years with annual reports. SIRI checks the annual reports in CVR. | Met | section 9 a(21)(9) |
2. Draft answers for the application
As of 7 October 2026 SIRI has not published the form for the new scheme. The fields follow the conditions in the act and the explanatory notes, which say the application must include name, CVR number, affiliation to the agreements, the union party and the declarations. Copy the answers into SIRI's form. You fill in the yellow fields yourselves.
| Field | Your draft | Legal basis |
|---|---|---|
| Company name | Eksempel Maskinfabrik ApS | notes point 2.2.1.1 |
| CVR number | 12345678 | notes point 2.2.1.1 |
| Address | Eksempelvej 1, 8000 Aarhus C | |
| Contact person | Anne Eksempel, HR-chef, hr@eksempel.dk | |
| Type of employer | Company (annual reports in CVR) | (21)(9) |
| Permanent full-time employees in Denmark | 34 | (21)(3) |
| Affiliation to collective agreements | Covered by agreements through membership of DI. The business will use the agreements belonging to the employers' organisation. | (21)(1)(a) |
| Agreements to hire under | Industriens Overenskomst | (21)(1)(a) |
| Union party to the agreement | 3F og Dansk Metal | 44 a(26) |
| Access for control | The business ensures ongoing access for control under the control agreement between the relevant parties. | (21)(1)(b); (42) |
| Union representative in the area | Yes | (42) |
| Fine for underpaying foreign workers within 2 years | No | (21)(1)(c) |
| Lawful industrial dispute | No | (21)(4) |
| Outstanding enforcement notice | No | (21)(5) |
| Conviction under section 59(5) or 60(1) within the last year | No | (21)(6) |
| Service certificate | Comprehensive certificate without remarks attached, issued [date, max. 3 months before the application]. | (21)(8) |
| Operating with annual reports for 2 years | Yes. The business has operated for at least 2 years and filed annual reports for [year] and [year]. | (21)(9) |
| Attendee at the guidance meeting | Peter Eksempel, Administrerende direktør. Preferred language: Danish | (21)(7) |
| Fee | Paid [date]. Receipt attached. | (21)(2) |
3. The declarations on your honour
No later than with the application, the business must make three declarations on its honour. Here are drafts with your details, what they mean, and what happens if they do not hold.
Declaration a: Hiring only in positions under an approved agreement
Draft. Legal basis: section 9 a(21)(1), letter a.
Eksempel Maskinfabrik ApS, CVR 12345678, declares on its honour that it will only employ foreign nationals under section 9 a(2)(15) of the Aliens Act in positions covered by the agreements set by the Minister under subsection 31, 2nd sentence, and which the business is covered by.
What it means: You promise to use the scheme only for positions covered by an approved agreement that binds you. This applies for the whole certification period, also when you hire under an agreement not named in the application.
Declaration b: Ongoing access for control
Draft. Legal basis: section 9 a(21)(1), letter b.
Eksempel Maskinfabrik ApS declares on its honour that it will ensure ongoing access for control of its compliance with the agreement under which the foreign national is employed, under a control agreement between the relevant parties.
What it means: The union must be able to check pay and conditions for the foreign employees. Without a control agreement the minimum is: informing the union representative (or the union if you have none), meetings with the employees (union: twice a year with the employees and twice a year with you) and access to relevant information, including pay setting (subsection 42). Disputes about control are settled in the industrial relations system (subsection 43).
Declaration c: No fine for underpayment within 2 years
Draft. Legal basis: section 9 a(21)(1), letter c.
Eksempel Maskinfabrik ApS declares on its honour that within the 2 years before the application for certification it has not been ordered by the Labour Court or industrial arbitration to pay a fine for underpaying foreign workers.
What it means: "Foreign workers" includes both non-EU nationals and EU citizens. If there is such a fine, you can only be certified if the parties jointly approve it (subsection 22, 2nd sentence).
Consequences
- A false declaration is punishable by a fine or, in aggravating circumstances, up to 2 years in prison (Criminal Code section 161). According to the explanatory notes, the authority routinely reports it to the police.
- SIRI does not check the declaration itself. It forwards it to the union without your consent. The union has 10 working days to object, and the employers' organisation is told about any objection (section 44 a(26)). You are heard before SIRI decides.
- The declarations are ongoing conditions. If you breach the agreement or the access for control, certification can be withdrawn once there is a final decision in the industrial relations system, or when the parties jointly ask for it (section 9 a(25), 4th sentence).
- If you are fined for underpayment after certification, SIRI withdraws the certification unless the parties jointly state it should not be withdrawn (section 9 a(25), 3rd sentence).
- After withdrawal you cannot be certified again for 1 year (section 9 a(25)). An appeal only suspends the decision for special reasons (section 33 b(3)). Decisions based on declaration a, b or c cannot be appealed to the Immigration Appeals Board (section 46 a(6)(11)).
- The employees' residence permits can also be revoked when there is a final decision on a breach of the agreement or the access for control (section 19(1)(21)).
The declaration for each employee
When you later apply for a residence and work permit for an employee, you must again declare on your honour that the specific position is covered by one of the agreements, that the employment is full time under the agreement, and that you ensure ongoing access for control (section 9 a(2)(15)). The specific agreement for the position must be stated.
4. Checklist of attachments
- Comprehensive service certificate without remarks from the Danish Business Authority, no more than 3 months old. Ordered on virk.dk.section 9 a(21)(8)
- Receipt for the paid fee.section 9 a(21)(2)
- The names of the agreements you will hire under and the union party to them. If you are covered through an employers' organisation, it is enough to say so.section 9 a(21)(1)(a); explanatory notes to bill L 16, point 2.2.1.1
- Proof of membership of the employers' organisation, or of the agreement you have signed or acceded to.SIRI requires this today for fast-track certification
- The last 2 annual reports. SIRI finds them in CVR, but have them ready.section 9 a(21)(9)
- Power of attorney, if someone other than the business fills in the application.SIRI requires this today for fast track
5. Deadlines and process
- Now until 31 December 2026: Prepare. The act enters into force on 1 January 2027 (Act 765, section 2). As of 7 October 2026, SIRI has not published the application form or the lists of agreements and countries.
- No more than 3 months before applying: Order the service certificate on virk.dk. It may be no more than 3 months old when you apply (subsection 21(8)).
- The application: Submitted digitally to SIRI. The fee is paid no later than at the same time (subsection 21(2)). In 2026 the fee is DKK 6,810; the 2027 rate has not been published.
- 10 working days: SIRI sends your declaration to the union, which has 10 working days to object (section 44 a(26)). If it objects, you are heard.
- The guidance meeting: A member of management attends and signs that the business has been informed (subsection 21(7)). For fast track SIRI holds the meeting online, at the earliest 14 days after the application.
- The decision: SIRI has not published a processing time for the new scheme. For fast-track certification it is normally 2 months and up to 3 months today.
- After certification: It is valid for 3 years the first time and then 4 years at a time when extended (subsection 23). Name and CVR are published on nyidanmark.dk. SIRI may ask for a new service certificate (section 44 a(27)) and carries out spot checks.
- If refused: Appeal to the Immigration Appeals Board within 8 weeks (section 46 a(3)). The appeal fee is DKK 1,040 in 2026. Refusals based on declaration a, b or c cannot be appealed there (section 46 a(6)(11)).
Afterwards: hiring each employee
Certification gives no permits by itself. For each employee you then apply for a residence and work permit under section 9 a(2)(15) of the Aliens Act. The conditions are:
- The employee has an agreement or offer of employment with you as a certified business.
- The annual salary is at least DKK 322,000 (2026 level). The amount is adjusted every year (section 9 a(32)).
- The position is covered by one of the agreements, and the employment is full time under the agreement.
- The employee is a citizen of a country on the minister's list: the 10 non-EU countries with the most investment to and from Denmark, EU candidate countries in negotiations, and countries with a mobility agreement with Denmark. Visa nationals in visa groups 4 and 5 cannot use the scheme (section 9 a(40)).
- Average unemployment over the last 3 months has not exceeded the level set by the minister (section 9 a(35)).
- You make the declaration for the specific position no later than with the application.
- If the union objects and the matter is not resolved within 6 weeks, a provisional work permit is withdrawn (section 9 a(19)).
The list of countries and the list of agreements are set by executive order and had not been published as of 7 October 2026.
6. What you should know about this pack
This pack is a draft based on your own answers and on the law as of 7 October 2026. It is not legal advice and does not promise an outcome. SIRI decides the case. If your case is unclear, e.g. because of a fine, a conviction or a restructuring, talk to a lawyer or your employers' organisation. Follow nyidanmark.dk for the form and the executive orders.
Sources
- LOV nr. 765 af 8. september 2026: https://www.retsinformation.dk/eli/lta/2026/765
- Lovforslag L 16 (2025-26, 2. samling) med bemærkninger: https://www.folketingstidende.dk/samling/20252/lovforslag/L16/20252_L16_som_fremsat.pdf
- BEK nr. 1612 af 7. december 2025 om gebyrer: https://www.retsinformation.dk/eli/lta/2025/1612
- SIRI: Certificering (nyidanmark.dk): https://www.nyidanmark.dk/da/Du-vil-ansøge/Arbejde/Certificering
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