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

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

Previous comments

The Committee takes note of the observations of the Danish Trade Union Confederation (FH), the United Federation of Danish Workers (3F) and the Danish Maritime Officers (Lederne Søfart) attached to the Government’s report, as well as the Government’s comments thereon. The Committee notes that these observations are relevant to the issues addressed in the present comment.

Article 4 of the Convention. Right to free and voluntary collective bargaining of seafarers. In its previous comments, the Committee first welcomed the amendment of the Act on the Danish International Register of Shipping (DIS Act), which now allows Danish trade unions to conclude collective agreements on behalf of all seafarers primarily engaged in the relevant activities on ships operating in Danish territorial waters or in the area of the Danish continental shelf for more than 14 days per month. The Committee, however, then requested the Government to continue its dialogue with the social partners to ensure that Danish trade unions may freely represent in the collective bargaining process all their members working on ships sailing under the Danish flag whether they are within or beyond Danish territorial waters or the Danish continental shelf, and regardless of their activities.

The Committee notes the Government’s indications that: (i) neither the legislation nor the main sectoral framework agreement of 28 February 2013 prevents seafarers from joining the trade union of their choice, whether Danish or foreign; (ii) ships sailing under the Danish flag offer a high level of social and employment conditions in a context of very strong international competition; and (iii) under the Danish labour market model, it is up to the social partners to reach an agreement on the points raised in this comment through the joint working group established for this purpose. The Committee also notes: (i) the FH’s observations regretting the lack of sufficient action by the Government to ensure the conformity of section 10 of the DIS Act with the Convention, a point raised before the Committee for over 30 years now; (ii) 3F’s observations that it was not consulted on the amendment of the DIS Act, as it was not part of the joint working group established for this purpose; and (iii) Lederne Søfart’s observations that a significant number of seafarers are currently unable to be represented by the trade union of their choice because shipping enterprises governed by the DIS Act negotiate collective agreements only with the Danish Metal Workers’ Union. The Committee notes in this regard the Government’s response that it will continue to refrain from interfering in the negotiations between the social partners, including on the matter of who should be party to collective agreements.

The Committee notes from the above that, since its previous examination of Denmark’s application of the Convention, section 10 of the DIS Act has not been further amended and that, as a result, Danish trade unions are still not authorized to negotiate collective agreements for foreign seafarers employed on ships sailing under the Danish flag and operating mainly beyond Danish territorial waters or the Danish continental shelf. In order to ensure the compatibility of section 10 of the DIS Act with the Convention, the Committee urges the Government to continue, in consultation with all the social partners concerned, to make every effort to ensure 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 working on ships sailing under the Danish flag whether they are within or beyond Danish territorial waters or the Danish continental shelf, and regardless of their activities. The Committee requests the Government to provide information in this regard.