Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the information provided in the Government’s report, in the light of which it will pursue its examination in respect of section 10 of Act No. 408 of 23 June 1988, which sets up a Danish International Shipping Register (DIS).

The Committee recalls that, since 1989, it has been requesting the amendment of this provision, because it has the effect of prohibiting workers employed on Danish flagships who are not residents of Denmark from being represented in collective bargaining, if they so wished, by Danish trade unions of which they are members in contravention of Article 3 of the Convention.

The Committee has taken note of the considerations presented by the Government in its report. In particular, the Committee has noted that the agreements between the national social partners - the agreement on mutual information, coordination and cooperation concerning DIS ships and the framework agreement relating to the conclusion of collective agreements with foreign trade unions and individual agreements concerning foreign seafarers from outside the European Union and the European Economic Area - have been replaced by new agreements, valid for a period of three years as of 1 March 2002. The Committee notes that these agreements confirm the right to enter into collective agreements with foreign unions, in accordance with Act No. 408, and that Danish trade unions have a right to be represented at negotiations between Danish shipping companies and foreign trade unions, in order to ensure that the results in respect of wages and other working conditions are at an internationally acceptable level. The Committee also notes, however, that two of the parties to the previous agreements, namely the General Workers’ Union in Denmark/Seamen’s Union in Denmark and the Association of the Restaurant Business, decided not to be parties to the new agreements. The Committee has also duly taken note of the figures presented by the Government concerning the Danish shipping industry, and in particular that, out of a total of 7,729 seafarers, 3,350 were foreigners, as of 30 September 2001.

The Committee welcomes the renewal of the agreements between the social partners for a period of three years. At the same time, the Committee notes that the legislative aspect of the matter has not been resolved yet and that two parties have decided not to be bound by the new agreements. The Committee would like therefore to underline that section 10 of Act No. 408 has the effect of restricting the activities of Danish trade unions by prohibiting them from representing in the collective bargaining process those of their members who are not considered as residents in Denmark. Therefore, the Committee requests the Government to keep it informed on the measures taken or envisaged to amend section 10 of Act No. 408, so as to ensure that there can be no deviation from the spirit of the abovementioned agreements, and so that Danish trade unions may freely organize their activities, in particular by representing all their members - residents and non-residents in Denmark - in the collective bargaining process without any interference from the public authorities, in accordance with Articles 3 and 10 of the Convention. The Committee also requests the Government to indicate in its next report whether Danish trade unions may freely represent seafarers who are not residents in Denmark in respect of their individual grievances.

The Committee is also addressing a request on other points directly to the Government.