Effect given to the recommendations of the committee and the Governing Body - Report No 391, October 2019

Effect given to the recommendations of the committee and the Governing Body

1. 19. The Committee last examined this case, in which the complainants – the Danish Union of Teachers (DLF) and the Salaried Employees’ and Civil Servants’ Confederation (FTF) – alleged that the Government had violated the principle of bargaining in good faith, and extended and renewed the collective agreement through legislation without consulting the workers’ associations concerned, at its June 2016 meeting [see 378th Report, paras 27–37]. On that occasion, the Committee urged the Government to take the necessary measures to allow collective bargaining at the local level, including on working time, and trusted that in all future collective bargaining rounds between the parties, the Government would endeavour to promote and give priority to free and voluntary good-faith collective bargaining as the means of determining employment conditions in the education sector, including working time, and would ensure that the authorities refrained from any substantial intervention in such collective bargaining. The Committee also expected that the Government would take the necessary measures to ensure that workers’ organizations were consulted in relation to the implementation of Act No. 409 (Act on working hours in the education sector) and in respect of other initiatives that affected their interests and requested to keep it informed of any developments in this regard.
2. 20. In their communication dated 6 April 2018, the complainants indicate that the Government did not implement the Committee’s recommendations as it did not allow genuine and fair negotiations on working hours in the education sector and did not ensure that workers’ organizations are consulted in connection with the implementation of Act No. 409. In another communication dated 31 May 2018, the complainants inform that DLF and the Local Government Denmark (KL) have concluded an agreement in connection with the collective bargaining for 2018. As a consequence of this new cooperation, KL has withdrawn from the monitoring group on the implementation of Act No. 409, which has led to the closing of the group.
3. 21. In their communication dated 17 January 2019, the complainants inform that the Danish Confederation of Trade Unions (LO) and the FTF have merged on 1 January 2019 to create “FH – Danish Trade Union Confederation”. The FH indicates that during the collective agreement negotiations between the LC (the Confederation of teachers’ unions), DLF and KL in spring 2018, the parties had to accept the fact that no negotiated agreement could be reached on working hours of teachers covered by Act No. 409. Thus, working hours of these teachers continue to be regulated by the legislation introduced by the Government in 2013. The collective agreement negotiations were completed in June 2018. Shortly after, the parties pledged to cooperate on an analysis work and subsequent binding negotiations on working hours for teachers covered by Act. No. 409. The complainant indicates in this regard that the parties agreed to initiate an analysis to be carried out by an investigative commission chaired by a person appointed jointly by the parties. The FH indicates that on the basis of the commission’s analysis, the Chairperson will submit recommendations and proposals for solutions, which will form part of the subsequent binding negotiations on working hours to be completed by 31 March 2021. The complainant indicates that it wants to be consulted on matters that affect the interests of its members and emphasizes that it will approach the upcoming negotiation with an open and constructive mind.
4. 22. In its communication dated 24 October 2018, the Government indicates that the negotiations in 2018 resulted in new collective agreements for all areas of the public sector. The new collective agreements were concluded without the parties resorting to industrial action and without any legislative involvement from the Parliament. The Government further indicates that negotiations were not easy and the assistance of the conciliator was necessary in order to complete a draft settlement of the dispute. With regard to the collective agreement covering teachers, the Government indicates that approximately 75 per cent of the votes among teachers were in favour of the draft settlement. The Government adds that in its view, the collective bargaining process in 2018 has been conducted in a free and fair manner within the established framework. With reference to the complainants’ communication dated 31 May 2018, the Government expresses its satisfaction with regard to the improved cooperation and general relations between the parties to the collective agreement covering teachers.
5. 23. The Committee welcomes the signing of the collective agreement in June 2018 and the stated renewed cooperation between the parties. The Committee further welcomes the agreement between the parties to initiate an analysis on a basis of which recommendations and proposals for solutions will be prepared to form part of the subsequent binding negotiations on working hours of teachers, currently regulated by Act No. 409. In these circumstances, the Committee will not pursue the examination of this case.