Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Danemark (Ratification: 1955)

Article 4 of the Convention. Collective bargaining rights of majority organizations. Following the recommendation made by the Committee on Freedom of Association in Case No. 1971, the Committee had previously requested the Government to review section 12 of the Conciliation Act, which makes it possible for an overall draft settlement, made by the public conciliator and sent out for ballot, to cover collective agreements involving an entire sector of activity, even if the organization representing most of the workers in that sector rejects the overall draft settlement. In its previous comment, the Committee requested the Government to engage in dialogue with the most representative workers’ and employers’ organizations on this issue in order to find the means to resolve it, and to indicate any developments in this regard, including the results of the resubmission of this issue to the permanent ILO Committee.

The Committee notes that, in its latest report on the issue, the Government indicates that it has held consultations with the most representative social partners, and that the latter have reiterated their previous position against an amendment, for the following reasons: (i) negotiations take place before section 12 can be enforced; (ii) a compromise proposal will not be put forward against the wish of the social partners; (iii) bargaining results obtained without the assistance of the conciliation service may form part of the compromise proposal; (iv) section 12 should be seen in the light of the extensive right to strike, as its abolition would entail the risk of more Government intervention; (v) the social partners have an important influence on the appointment of the conciliators; (vi) the conciliators are autonomous both in relation to the Government and the social partners; and (vii) the activities of the conciliators are subject to judicial supervision.

The Committee takes due note of the above information.