Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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. It also notes the conclusions of the Committee on Freedom of Association in Case No. 1971 (see 317th Report, paragraphs 1-61, approved by the Governing Body at its June 1999 session).

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, and expressed regret that this section of the Act did not aim at encouraging and promoting voluntary negotiations between employers' and workers' organizations, and at allowing workers who were employed abroad Danish ships, but who were not residents of Denmark, to join the organization of their own choosing to defend their interest. The Government states in its report that the two-year agreement concluded in March 1997, between three Danish shipping federations and seafarers' organizations concerning the coverage of collective agreements in relation to foreign seafarers, has been extended. This agreement secures the right of Danish unions to represent for the purposes of collective bargaining foreign seafarers in order to make sure that the agreements concluded reach an acceptable international level. The Committee takes due note of this development which appears to promote the voluntary negotiation of terms and conditions of employment of foreign seafarers employed aboard Danish ships. The Committee requests the Government to indicate in its next report the status of this agreement as well as any measures taken or envisaged to bring section 10 of Act No. 408 into full conformity with Article 4 of the Convention.

2. The Committee notes that one of the issues raised before the Committee on Freedom of Association in Case No. 1971 was the application of section 12 of the Conciliation Act which makes it possible for an overall draft settlement to cover collective agreements involving an entire sector of activity even if the organization representing most of the workers in that sector rejects the overall draft settlement. In this regard, the Committee would request the Government to review the legislation, in consultation with the social partners. The Committee requests the Government to keep it informed of any developments in this regard.