Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous comment

The Committee notes the Government’s indication that references are made to previous reports, and the current report contains observations by the Danish Trade Union Confederation (FH) and the Danish Maritime Officers (Lederne Søfart) and comments by the Government thereon.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to join organizations. The Committee previously invited the Government, in consultation with the social partners concerned, to consider any additional measures to clarify that seafarers not resident in Denmark but working on board Danish International Register of Shipping (DIS) ships may fully exercise their right to organize, including the right to become members of a Danish trade union that can represent them on matters originating from Danish legislation even if not party to the Danish International Ships Register Main Agreement (DIS Main Agreement). The Committee notes that the Government once again reiterates that the law does not prevent a seafarer from becoming a member of a trade union, Danish or foreign, and therefore a non-Danish seafarer employed on DIS ships can join and be represented by a Danish union. The Committee further notes that according to the FH, the legislation in force is insufficient. The FH points out that its criticism is with regard to article 10 of the DIS Act and its division of negotiating powers to Danish and foreign seafarers, which creates a labour law vacuum: for instance, industrial disputes involving ships manned by seafarers not resident in Denmark are illegal, as the seafarers are not covered by a collective agreement concluded in Denmark. The Committee regrets the absence of sufficient engagement with the social partners on the matters raised in its prior comments. Accordingly, the Committee reiterates its previous request and expects the Government to provide detailed information on the outcome of tripartite consultations aimedat considering additional measures to ensure that seafarers not resident in Denmark but working on board DIS ships may fully exercise their right to organize, including the right to become members of a Danish trade union that can represent them on matters originating from Danish legislation, even if not party to the DIS Main Agreement, and the right to strike.