Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Denmark (Ratification: 1955)

The Committee notes the information supplied by the Government in its report.

1. With reference to its previous comments relating to restrictions on free collective bargaining and fixing of wage rates, the Committee notes with interest that in 1991, collective agreements were renewed in the private and public sectors, where the parties agreed on average wage increases of 4 per cent and 2.7 per cent respectively. Similarly, collective agreements were renewed in 1993 which provided for average wage increases of 4 per cent and 2.5 per cent, respectively, in the private and public sectors.

2. The Committee recalls that under section 10 of Act No. 408 of 1988 which establishes the Danish International Ships' Register (DIS), collective agreements concluded by Danish trade unions apply only to persons considered as residents of Denmark. The Committee had considered that this provision was not in conformity with Article 4 of Convention No. 98 and Articles 2, 3 and 10 of Convention No. 87, since it prevented Danish trade unions from concluding collective agreements on behalf of other seafarers employed aboard Danish ships, and had requested the Government to hold further constructive discussions on this subject with the organizations involved and to provide statistical data on this issue.

The Government states that it has examined whether the most representative organizations of employers and workers wished to continue such discussions but that these organizations have indicated that, for the time being, there was no need to hold a meeting about this matter since they were awaiting the forthcoming general discussions on matters relating to international shipping registers at the next Maritime Conference in the ILO. The Government endorses the view that there is no basis for continuing discussions for the time being at the national level as the Danish deliberations in this field will depend upon the outcome of the discussions within the framework of the ILO.

While noting the above information, the Committee remains of the view that section 10 of Act No. 408 of 1988 does not aim at encouraging and promoting voluntary negotiation between employers' and workers' organizations, nor at allowing workers who are employed aboard Danish ships but who are not residents of Denmark, to join the organizations of their own choosing to defend their interests, free from interference by the public authorities. The Committee is reinforced in this view by the statistical information provided by the Government according to which a total number of 606 merchant ships were registered under Danish colours on 30 June 1993, out of which 469 ships were registered in the Danish International Ships' Register (DIS). The DIS thus accounts for 77 per cent of the merchant fleet in terms of the number of ships. As regards the number and percentages of Danish and foreign seafarers concerned, Danish seafarers from Denmark and the Faroe Islands accounted for 72 per cent of the seafarers on board DIS-registered ships as at 31 March 1993. These figures imply that, in practice, section 10 of Act No. 408 of 1988 excludes a relatively large number of seafarers employed on Danish-flag ships but who are not residents of Denmark from the coverage of collective agreements concluded by Danish trade unions.

Nevertheless, in view of the fact that the next Maritime Conference in the ILO will deal with the issues relating to international shipping registers and that the Danish Government's approach to the problems in this field will depend upon the outcome of the ensuing discussions within the framework of the ILO, the Committee requests the Government to keep it informed of the outcome of such discussions and their bearing on the Danish deliberations in this field.