Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Denmark (Ratification: 1951)

The Committee notes the comments made by the Danish Confederation of Trade Unions (LO) enclosed in the Government’s report. It requests the Government to provide its observations thereon.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to join organizations. In several of its previous observations, the Committee had requested the Government to indicate the measures taken to ensure that Danish trade unions may represent all their members – residents and non-residents employed on ships sailing under the Danish flag – without any interference from the public authorities, and whether, in particular, these unions may freely represent seafarers who are not Danish residents in respect of their individual grievances. The Committee had noted with satisfaction the Government’s indication that the Danish International Ships Register (DIS) agreement states that seafarers not resident in Denmark working on board DIS ships have the right to be members of several trade unions (i.e. both a Danish trade union, and a trade union in their home country) and enables the seafarers’ organizations to represent a seafarer who is not domiciled in Denmark or a foreign trade union in matters relating to the Danish legislation and to assist seafarers without a Danish residence in relation to the Danish public authorities. The Committee notes that the current DIS agreement supplied by the Government, which has been concluded in August 2009 between the Danish shipowners’ associations and the Danish seafarers’ organizations with the exception of one organization, allows seafarers not resident in Denmark working on board DIS ships who are employed according to a collective agreement (section 7 of the DIS agreement) to be a member of a Danish trade union.

The Committee is raising other points in a request addressed directly to the Government.