Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Denmark (Ratification: 1951)

With reference to its previous comments concerning the need to take measures so as to ensure that public servants who are not exercising authority in the name of the State, such as teachers, are not penalized for having exercised strike action, the Committee notes from the Government’s report that discussions have been undertaken with the local authority employers as well as with various organizations on the matter, including on the content of possible legislation. According to the Government’s report, the discussions were postponed at the request of the organizations, including the Federation of Salaried Employees’ and Public Servants’ Organizations, but the Government expects the discussions to be resumed shortly. The Government adds that the number of teachers employed as public servants continues to decline, given that all new recruitments take place on contractual terms. Recalling its position that the prohibition of strikes by public servants other than those exercising authority in the name of the State may constitute a considerable restriction of the potential activities of trade unions counter to Article 8, paragraph 2, of the Convention, the Committee requests the Government to keep it informed of the progress made to ensure that all teachers, regardless of their classification as public servants, may exercise strike action without penalty.

The Committee further notes the conclusions of the Committee on Freedom of Association in Case No. 1971 (316th Report, approved by the Governing Body at its 275th Session (June 1999)). In this case, the Committee on Freedom of Association had noted that section 12 of the Conciliation Act may have a negative impact on the possibility of a workers’ organization to exercise the right to strike in so far as it may be bound by a labour market decision to accept an overall draft settlement to which a collective agreement concerning their sector has been linked. The Committee recalls that, by virtue of Articles 3, 8 and 10 of the Convention, workers’ organizations should have the right to organize their activities and to formulate their programmes for the purposes of furthering and defending the interests of their members, including the possibility to exercise industrial action. Noting (from Case No. 1971) that section 12 of the Conciliation Act has been used on a number of occasions so as to restrict this right, the Committee requests the Government to take the necessary steps to amend its legislation so as to ensure that the view of the majority of workers in a given sector is not subordinated to the view of the majority of the entire labour market as concerns the possibility of undertaking industrial action. It requests the Government to keep it informed of the progress made in this respect.