Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Denmark

Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1935)
Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) (Ratification: 1958)

Previous comments: C.14 and C.106

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 106 (weekly rest (commerce and offices)) together.

Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106. Compensatory rest. The Committee recalls that sections 12, 18 and 27 of Order No. 324 of 23 May 2002 on rest periods and days off which provide that compensatory rest may in exceptional circumstances be replaced by “appropriate protection” are not in compliance with the Conventions. In its report, the Government indicates that to this date there has been no change with regards to the matter. In this respect, the Committee notes that the said provisions are further reproduced in almost identical terms in section 56 of the new Working Environment (Consolidated Act No. 2062 of 16 November 2021, as amended). The Committee notes the Government’s indication that the clauses indicating that “appropriate protection in exceptional circumstances can be used when it’s not possible to grant compensatory rest” have not been materialised in specific provisions, which according to the Government means that the legislation is applied in compliance with the Conventions. The Government reiterates that the relevant provisions of the Working Environment Act and Order No. 324 essentially reproduce the provisions of the EU Working Time Directive 93/104. While noting the Government’s indications, the Committee recalls that under Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106, granting compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted in all cases of authorized exceptions to the basic 24-hour weekly rest rule. The Committee accordingly requests the Government to re-examine the relevant provisions of the new Working Environment Act and Order No. 324 of 23 May 2022 with a view to ensuring that compensatory rest is granted without exception whenever deviations from the ordinary weekly rest scheme are authorized.