Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee notes the Government's report. Furthermore, the Committee notes that in a communication of 19 June 1996, the Danish Confederation of Professional Associations (AC) stated that it had reached an agreement with the Government relating to the job offer scheme for unemployed persons participating in training programmes, an issue which in fact had already been raised by the AC before the Committee.

1. In its previous comments, the Committee had noted that section 10 of Act No. 408 of 1988 limited the negotiating power of the Danish trade union organization to persons who were considered to be residents of Denmark, or who by virtue of international obligations were to be put on an equal footing with Danish citizens. It expressed regret that this section of the Act did not aim at encouraging and promoting voluntary negotiation between employers' and workers' organizations, and at allowing workers who were employed aboard Danish ships, but who were not residents of Denmark, to join the organization of their own choosing to defend their interests. The Government indicates in its report that shipowners and a number of organizations of seafarers have concluded an agreement concerning the coverage of collective agreements in relation to foreign seafarers. The Government emphasizes the need to carry out a study and to have a broad discussion in the ILO on international registers or second registers. The Government is asked once again to indicate in its next report any measures taken or contemplated to bring section 10 of the Act into full conformity, in this respect, with Article 4 of the Convention.

2. Concerning the issues raised before the Committee on Freedom of Association in Case No. 1725, and the comments of the Danish Union of Journalists in relation to the extension of an agreement to the entire sector of activity contrary to the views of the organization representing most of the workers in the category covered by the extended agreement, the Committee notes the Government's intention to present a Bill to the next parliamentary session in this regard. The Committee notes that according to the Government's report, in the few fields which had not been able to negotiate a new agreement in 1997, a compromise was reached by the public conciliator after having consulted the parties. The Committee hopes that the legislation will be amended so as to bring it into full conformity with Article 4.