Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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, concerning issues addressed in the present observation.

Article 4 of the Convention. Right to free and voluntary collective bargaining. In its previous comments, the Committee had observed that section 10 of the Act on the Danish International Register of Shipping (DIS Act) continued to have the effect of limiting the scope of collective agreements concluded by Danish trade unions to seafarers on ships registered in the Danish International Ship Register (DIS) who were Danish or equated residents and of restricting the activities of Danish trade unions by prohibiting them from representing, in the collective bargaining process, those of their members who were not considered as residents in Denmark. While the Committee had noted the establishment by the Danish Shipowners Association (DSA) and the Danish Metal Workers’ Union (DMWU) of a joint working group in the Contact Committee under the Danish International Ship Register Main Agreement (DIS Main Agreement) in respect of the existing disagreement on section 10 of the DIS Act, the Committee had further observed that several social partners were not involved in the working group and that no significant progress had been made towards addressing the legislative aspect of the matter. The Committee had therefore requested the Government: (i) to continue making every effort to ensure full respect of the principle of free and voluntary collective bargaining so that Danish trade unions may freely represent in the collective bargaining process all their members – Danish or equated residents, as well as non-residents – working on ships sailing under the Danish flag, and that collective agreements concluded by Danish trade unions may cover all their members working on ships sailing under the Danish flag regardless of residence; and (ii) to engage in a tripartite national dialogue, taking all the necessary measures to enable all the relevant workers’ and employers’ organizations to participate therein, if they so wish, so as to find a mutually satisfactory way forward. The Committee notes the Government’s indication that: (i) after discussions in the Contact Committee under the DIS Main Agreement, the organizations proposed that the DIS Act should be amended in order to allow Danish trade unions to enter into collective agreement on behalf of all seafarers on ships mainly carrying out the activities concerned in the Danish territorial waters or continental shelf area for more than 14 days a month; (ii) the former Minister for Industry, Business and Financial Affairs presented a proposal for an Act amending the DIS Act, which was drawn up in accordance with the organizations’ proposal to the Parliament; (iii) the Act includes seafarers who are engaged in a number of activities which include, among others, certain types of guard service as well as support and service functions, and construction, repair and dismantling of oil installations; (iv) it is a requirement that the ships mainly carry out the activities concerned in the Danish territorial waters or continental shelf area for more than 14 days a month; and (v) the Parliament passed the Act unanimously and it is expected to enter into force later this year. The Committee notes the FH’s statement that while it recognizes the importance of the amendment to the DIS Act referred to by the Government, it affirms that the amendment is not sufficient to address the matter, as its scope is limited to vessels operating in Danish territorial waters or continental shelf, having no effect on vessels covered by the DIS Act. The Committee takes note that, in response to the observation made by the FH, the Government states the conditions leading to the establishment of the DIS still apply. While welcoming the step taken through the amendment of the DIS Act, the Committee requests the Government to continue, in consultation with the social partners, to make every efforts to ensure the full respect of the principles of free and voluntary collective bargaining so that Danish trade unions may freely represent in the collective bargaining process all their members and that collective agreements concluded by Danish trade unions may cover all their members – working on ships sailing under the Danish flag whether they are within or beyond Danish territorial waters or continental shelf, and regardless of their activities. The Committee requests the Government to provide information on any developments in this regard.