Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Denmark

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1958)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1972)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1981)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A.Labour inspection

The Committee notes the observations from the Danish Confederation of Professional Associations (AC) and Danish Trade Union Confederation (FH) on Convention No 81 communicated with the Government’s report.

Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee notes the observation from the AC and the FH according to which the WEA does not react to all complaints received from workers regarding health and safety issues. According to the AC and FH, the Danish Working Environment Authority (WEA) should investigate all complaints that are not obviously unreasonable. The Committee requests the Government to provide its comments in this respect.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. In reply to the Committee’s previous comment related to the control of migrant workers in an irregular situation, the Government indicates that during the joint inspection visits involving the WEA and other authorities, WEA’s inspectors are not requested to perform other duties than those related to the inspection of the workers’ health and safety. The Committee also notes the Government’s indication that the Danish Centre against Human Trafficking (CMM) provides counselling to victims of trafficking in a range of areas, such as the possibility to recover outstanding salary claims. Should the victim be interested in pursuing the possibility to recover unpaid wages, the CMM will refer the victim to the appropriate authority or relevant parties in the labour market such as trade unions, in order to receive legal advice. The Government indicates that the CMM does not assist migrant workers in enforcing labour rights or in collecting wages. Taking note of the information regarding the role of the WEA in joint operations, the Committee requests the Government to provide information on the actions undertaken by labour inspectors when, in the conduct of an inspection visit, they come across migrant workers in an irregular situation, including any notification to other government agencies and any specific measures taken to ensure the enforcement of migrant workers’ rights. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on the number of cases where migrant workers found in an irregular situation have been granted their due rights.

B.Labour administration

Article 7(b) of the Convention. Extension of the functions of the system of labour administration to self-employed persons and workers in the informal economy.The Committee had previously requested the Government to provide information on measures taken or envisaged for the extension of labour administration activities to self-employed workers and workers in the informal economy. The Committee notes that the Government reiterates that self-employed persons are, to a large extent, subject to the same health and safety rules as employees, including with regard to rules on performance of the work, technical equipment, substances and materials. The Government also reiterates that it has introduced a maternity equalization scheme for self-employed persons to provide these workers with improved income compensation during maternity and parental leave. Noting the absence of information regarding its previous request, the Committee once again requests the Government to provide information on measures taken or envisaged for the extension of labour administration activities to workers in the informal economy.

Application of the Convention in practice. The Committee notes the Government’s indication that there were some adjustments in management and administrative structure of the Danish Working Environment Authority entailing that the Authority is now managed by a Board of Directors comprised of a Director-General, two Deputy Directors and three Directors of Inspection. The Government indicates that employment councils at the local, regional, and national levels meet regularly, and that the national council is able to comment on draft laws. The national, regional and local councils can provide advice and recommendations on the implementation of employment policies. The Committee takes note of the Government’s information, which addresses its previous request.