Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Danemark (Ratification: 1951)

The Committee notes the observations from the Danish Trade Union Confederation (FH), submitted with the Government’s report, as well as the Government’s comments thereon, concerning issues addressed in the present comment.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to join organizations. In its previous comments, and its 2015 comments under the Maritime Labour Convention, 2006, the Committee had requested the Government to clarify whether seafarers not resident in Denmark working on board ships registered in the Danish International Ships Register (DIS), whether employed under a collective agreement according to section 10(3) of the Act on Danish International Register of Shipping (DIS Act) or individually employed, have the right to become members of a Danish trade union that is not party to the Danish International Ships Register Main Agreement (DIS Main Agreement). The Committee notes that the Government reiterates that: (i) the DIS Main Agreement comprises the majority of social partners in the shipping industry (Danish Shipowners’ Association, Shipowners’ Association of 2010, Danish Maritime Officers, Danish Engineers’ Association and Danish Metalworkers’ Union – Maritime Section); (ii) under section 7(1), last indent of the DIS Main Agreement, seafarers employed under a collective agreement according to section 10(3) of the DIS Act may choose to be members of a Danish trade union; and (iii) section 10 only regulates which persons may be covered by collective agreements which have been concluded by a Danish or a foreign trade union. The Committee welcomes the Government’s indication that there is nothing in Danish law preventing a seafarer not resident in Denmark and working on board a ship registered in the DIS to choose to be a member of any Danish trade union provided that the membership is in accordance with the individual trade union’s own rules. On the other hand, the Committee notes that the FH reiterates the observation made by the Danish Confederations of Trade Unions (LO) in 2016 that under section 7 of the DIS Main Agreement only the trade unions which are signatories to the DIS Main Agreement may assist seafarers in matters that originate from Danish legislation. According to the FH: (i) the Government’s indication that a seafarer may, in accordance with the DIS Main Agreement but as an employee under section 10(3) of the DIS Act, choose to be a member of a Danish trade union, is insufficient; and (ii) it is urgent that the Danish Government initiates a dialogue on section 10 of the DIS Act with workers’ organizations with a view to bringing it into conformity with the Convention. Taking due note of the indications provided by the Government and in light of the continuing discrepancies with the comments of workers’ organizations, the Committee invites the Government, in consultation with the social partners concerned, to consider any additional measures to clarify that seafarers not resident in Denmark but working on board DIS ships may fully exercise their right to organize, including the right to become members of a Danish trade union that can represent them on matters originating from Danish legislation even if not party to the DIS Main Agreement.