Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Denmark (Ratification: 1955)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the adoption of Act No. 933 of 15 December 1999 on posting of workers which implements the European Parliament and Council Directive 96/71/EC concerning the posting of workers in the framework of provision of services.

With reference to its previous direct request, the Committee notes the Government’s reply to the effect that the Ministry of Labour may recommend, but not instruct, municipalities and counties to insert labour clauses in contracts concerning building and construction work. According to the Ministry of Labour, in the few cases in which counties have not inserted labour clauses, the employees would be protected by any collective agreement already concluded or by the social partners’ possibility of concluding a collective agreement, if required, by taking industrial action. Thus, the Ministry of Labour considers that there is no need for further action in this respect. However, the point raised by the Committee referred to the nationality of tenderers as a possible ground of exemption from the scope of the Convention, which would go beyond what the Convention provides in its Article 1(4), rather than to the extent to which the Convention is applied to contracts awarded by authorities other than central authorities in accordance with Article 1(2) of the Convention. The Committee would therefore appreciate receiving further clarifications on this point.

The Committee would be grateful if the Government would continue to provide detailed information on the application of the Convention in practice, including copies of public contracts containing labour clauses, extracts from official reports, information concerning the number of contracts and workers covered by the relevant legislation, and any other particulars bearing on the application and enforcement of the provisions of the Convention.