Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes the information provided by the Government concerning the negotiation of terms and conditions of employment of foreign seafarers employed aboard Danish ships.

2. In its previous observation, in the context of concerns it had raised regarding section 10 of the Danish International Shipping Register Act (DIS Act) which limits the negotiating power of Danish trade union organizations to residents of Denmark, the Committee took note of the extension of an agreement between Danish shipping federations and seafarers’ organizations. This agreement secures the right of Danish unions to represent foreign seafarers for the purpose of collective bargaining in order to ensure that the agreements concluded meet an acceptable international level. The Government in its most recent communication cites developments in this regard, in particular the signing of a new two-year agreement on 13 September 1999 between the social partners. The Government states that this agreement confirms the fundamental principle that Danish labour organizations have a right to be represented at negotiations between Danish shipping companies and foreign organizations to ensure that the results of such negotiations regarding working and living conditions are at an internationally acceptable level. Pursuant to the agreement, a contact committee has been established to develop and extend cooperation between the parties. The Government also refers to a further agreement between the social partners entered into on 25 February 2000 concerning the establishment of collective agreements with foreign unions and individual agreements for foreign seafarers from outside the European Union, which clarifies what is meant by "an internationally acceptable level". The Government states further that the main organizations in the industry and the Government have discussed the issue of the collective agreement provisions in section 10 of the DIS Act, and have confirmed that a common understanding of the administration of the collective agreement provisions in the Act has been achieved through the above-noted agreements. The Committee notes with interest these agreements which appear to promote the voluntary negotiation of terms and conditions of employment of foreign seafarers employed aboard Danish ships. The Committee requests the Government to indicate in its next report the status of these agreements as well as any measures taken or envisaged to bring section 10 of the DIS Act into conformity with the existing practice and into full conformity with Article 4 of the Convention.

3. With respect to the Committee’s previous comments concerning the application of section 12 of the Conciliation Act, the Committee will address this matter when it receives the Government’s full report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.