Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Denmark (Ratification: 1955)

Part IV (Unemployment benefit), Article 24, of the Convention (in conjunction with Article 69(i)). In reply to the Committee's previous comments, the Government, after providing certain explanations on the operation and administration of the unemployment insurance scheme, whose funds are private associations of employees or of self-employed workers, indicates that all regulations adopted on unemployment insurance have been discussed with the representatives of the employers and the workers, whose opinions are reflected in the wording of the text. With regard more particularly to section 61, subsection 3, of Act No. 114 of 14 March 1970 respecting placement and unemployment insurance which provides that benefits shall be suspended for all members of an unemployment insurance fund or section thereof if 65 per cent or more of the members are considered to be involved in a labour dispute, the Government recalls that this provision no longer applies, by virtue of the amendment made by Act No. 229 of 6 June 1979, except in cases where the labour dispute is not incompatible with a collective agreement. It indicates that this provision should be regarded in the light of the fact that, in such cases, members can influence the dispute through their trade unions and that the outcome of disputes generally also concerns members that are not directly involved in it; moreover, the trade unions can also pay benefits. Furthermore, the Committee has provided the text of the implementing regulations of above-mentioned section 61, adopted by Order No. 296 of 14 June 1985 of the Ministry of Labour after consultation with the Confederation of Danish Employers and the Federation of Danish Trade Unions which, according to the report, subscribe to it fully. The Government therefore considers that the Danish regulations on the suspension of unemployment benefit in the event of industrial dispute are not inconsistent with the Convention.

The Committee notes this information with interest. It recalls that in its previous reports the Government stated that the suspension of unemployment benefit pursuant to section 61, subsection 3, mentioned above, was to be limited only to workers involved in an industrial dispute or whose working conditions may be influenced by the outcome of such a dispute. It therefore expresses the hope that the Government will have no difficulty in supplementing, in a future revision of the legislation, section 61, subsection 3, of Act No. 114 of 24 March 1970 respecting placement and unemployment insurance as amended, so as to expressly provide that the suspension of unemployment benefit envisaged in this provision only applies where the person concerned has lost his employment as a direct result of a work stoppage due to a trade dispute, as provided for in Article 69(i) of the Convention. It asks the Government to provide information on any further developments in this respect in its next reports.