Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Article 4 of the Convention. The Committee had noted that section 10 of Act No. 408 has the effect of, on the one hand, restricting the scope of negotiable issues by Danish trade unions by excluding from their bargaining power seafarers working on ships under the Danish flag who are not Danish residents and on the other hand, preventing these seafarers from freely choosing the organization they wish to represent their interests in the collective bargaining process. The Committee therefore requests, once again, the Government to indicate in its next report, the measures taken or envisaged to amend section 10 of Act No. 408 so that Danish trade unions may freely represent all their members - Danish residents and non-residents working on ships sailing under the Danish flag, in the collective bargaining process in 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 had 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.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.