Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the comments submitted by the Danish Employers’ Confederation (DA) and the Danish Confederation of Trade Unions (LO) on 24 September 2013, as well as the Government’s observations thereon. The Committee also notes the Government’s observations in reply to the comments submitted in 2011 by LO.

Articles 2 and 3 of the Convention. Right of workers, without distinction whatsoever, to join organizations; and right of workers’ organizations to organize their activities. In its previous observations, the Committee had requested the Government to take measures to ensure that Danish trade unions may represent all their members – residents and non-residents employed on ships sailing under the Danish flag – without any interference from the public authorities, and, in particular, that these unions may freely represent seafarers who are not Danish residents in respect of their individual grievances.

The Committee notes that the new Danish International Ships Register (DIS) Main Agreement (supplied by the Government), which has been concluded on 28 February 2013 between the Danish shipowners’ associations and the Danish seafarers’ organizations, states, in its section 7(1), that seafarers not resident in Denmark working on board DIS ships who are employed under a collective agreement according to section 10(3) of the DIS Act, may choose to be a member of a Danish trade union. The Committee also notes the Government’s indication that, since 2004, foreign seafarers have been able to maintain memberships in a foreign trade union and a Danish trade union at the same time.

As regards LO’s indication that the role of signatory Danish trade unions with respect to affiliated seafarers not resident in Denmark working on DIS ships is limited to aid in the matters specified in section 7(1) and (2) of the new DIS Main Agreement because Danish unions may not represent them in a collective bargaining situation, the Committee refers to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

The Committee is raising other points in a request addressed directly to the Government.