Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Denmark (Ratification: 1951)

The Committee notes that the Government’s report has not been received. It must repeat its previous observation, which read as follows.

The Committee recalls that it has been commenting since 1989 on the need to amend section 10 of the Act No. 408 of 1988 establishing the Danish International Ships’ Register (DIS) which prohibited workers employed on board Danish ships but who are not residents of Denmark from being represented in collective bargaining by Danish trade unions if they so wished, in contravention of Articles 2, 3 and 10 of the Convention.

The Committee had noted from the Government’s last report that a two-year agreement was entered into between the social partners in September 1999 confirming the fundamental principle that Danish labour organizations have a right to be represented at negotiations between Danish shipping companies and foreign trade unions in order to ensure that the results in respect of wages and other working conditions are at an internationally acceptable level. Pursuant to the agreement, a contact committee was established with the purpose of developing and extending cooperation between the parties and, on 25 February 2000, the parties further entered into a framework agreement on the establishment of collective agreements with foreign unions and individual agreements for foreign seafarers from outside the European Union which sets minimum standards to be upheld. According to the Government, the Danish trade unions had agreed to have a "truce" over section 10 of the Danish International Shipping Register Act.

While further noting the Government’s view that any position towards the Danish International Shipping Register should await a broad discussion in the ILO of international registers and second registers based on an upcoming study on their impact on the conditions of employment of seafarers, the Committee reaffirms its hope that the Government will take the necessary steps to amend section 10 of Act No. 408 so as to ensure that non-resident seafarers will have the right to be represented by organizations of their own choosing that is to say foreign trade union or Danish trade unions depending on their own will. It requests the Government to indicate in its next report any measures taken or envisaged in this respect.

The Committee is also addressing a request on other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.