Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the information provided in the Government’s report.

1.  Negotiating power of Danish trade unions of seafarers
in respect of seafarers employed aboard Danish flagships
and who are not residents of Denmark

This issue relates to section 10 of Act No. 408 - setting up a Danish international shipping register (DIS) - that grants negotiating powers to Danish trade unions of seafarers only in respect of Danish residents, thus excluding seafarers employed aboard Danish flagships and who are not residents of Denmark. In its previous comments, the Committee noted two agreements concluded between the national social partners: (1) the agreement on mutual information, coordination and cooperation concerning DIS ships; (2) the framework agreement relating to the conclusion of collective agreements with foreign trade unions and individual agreements concerning foreign seafarers from outside the European Union and the European Economic Area. These agreements confirmed the right of shipowners to negotiate collective agreements with foreign unions and the right of Danish trade unions to be represented at these negotiations in order to ensure that the results in respect of wages and other working conditions are at an internationally acceptable level. The Committee noted that these agreements appeared to promote the voluntary negotiation of terms and conditions of employment of seafarers employed aboard Danish flagships who are not residents of Denmark. The Committee requested information on the status of these agreements as well as on any measures taken or envisaged to bring section 10 into conformity with the existing practice and into full conformity with Article 4 of the Convention.

The Committee notes that the two agreements have been replaced by two new agreements - copies of which have been sent by the Government - based on the same principles and concluded for a period of three years as of 1 March 2002.

While the Committee welcomes the conclusion of the two new agreements mentioned by the Government, it notes that the legislative aspect of the matter has not been resolved yet. The Committee recalls that section 10 of Act No. 408 has the effect of restricting the scope of negotiable issues by the Danish trade unions, by excluding from their bargaining power seafarers working on Danish flagships who are not considered Danish residents. By the same token, these seafarers cannot freely choose the organization they wish to represent their interests in the collective-bargaining process. In these circumstances, the Committee requests once again the Government to indicate in its next report any measures taken or envisaged to bring section 10 of Act No. 408 into full conformity with Article 4 of the Convention.

2.  Collective bargaining rights of majority organizations

This issue relates to the application of section 12 of the Conciliation Act and has been raised following the examination by the Committee on Freedom of Association of Case No. 1971. This provision 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 its previous comments, the Committee requested the Government to review the legislation, in consultation with the social partners. According to the Government, the case has been dealt with by the "permanent ILO committee", and it will be taken up in this committee again once the social partners have completed their discussions. The Committee requests the Government to provide information in its next report on the contents of the discussions taking place between the social partners. It trusts that every effort will be made to fully ensure the collective bargaining rights of majority organizations.