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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Denmark (Ratification: 1960)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Legislation prohibiting discrimination. The Committee notes the amendment of the anti-discrimination legislation (now Consolidated Act No. 1349 of 16 December 2008 on Prohibition against Discrimination in the Labour Market), and Act No. 387 of 27 May 2008 on the Board of Equal Treatment. The Board of Equal Treatment became operational in 2009 and replaces the Board on Gender Equality and the Ethnic Equality Board. It can receive complaints regarding discrimination on the grounds of gender, race, colour, religion or belief, political opinion, sexual orientation, age, disability, or national, social or ethnic origin (section 17). The Committee welcomes the detailed information on case law relating to discrimination in employment and occupation. The Committee asks the Government to provide information on the application of the anti-discrimination legislation, including relevant cases brought before the Board of Equal Treatment and the courts regarding discrimination at work.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes from the Government’s report that the employment rate of immigrants and descendants from non-Western countries has increased from 49.3 per cent in 2006 to 57 per cent in 2008. The employment rate of women from non-Western countries rose from 36 to 49 per cent between 2001 and 2008, while the employment rate among male immigrants from non-Western countries rose from 52 to 63 per cent during the same period. Given the lower employment rate among immigrants and their descendants from non-Western countries (the employment rate of native Danes in 2008 was 77 per cent), the Government considers that initiatives in this area are still needed, particularly in light of the economic crisis and its impact on the growing unemployment rate. The Committee also notes the information provided regarding the diversity programme targeting enterprises being implemented from 2006 to 2011, the initiatives by the integration team set up by the Ministry of Refugees, Immigration and Integration Affairs to improve employment especially among women of immigrant background, and the efforts in the area of vocational education and training. The Committee further notes that a new “Action Plan on Ethnic Equal Treatment and Respect for the Individual” was adopted in July 2010, which aims at engaging a multifaceted effort in combating racial discrimination, and promoting diversity and equal opportunities. The Committee asks the Government to provide further details regarding the initiatives promoting equal opportunities for men and women immigrants and their descendants from non-Western countries, and on the activities implementing the new Action Plan on Ethnic Equal Treatment and Respect for the Individual, as well as information on the results achieved. Please continue to supply statistical information on the employment and unemployment rates, disaggregated by sex and, to the extent possible, by origin.

Discrimination based on gender. The Committee notes the explanation provided by the Government with respect to its previous comments regarding the high number of court cases concerning dismissal due to pregnancy or maternity leave, namely that the provision in the Act on Equal Treatment regarding the reversed burden of proof in cases about possible dismissal of pregnant women and employees on maternity leave has made it very difficult for employers to justify dismissal of the employee group in question. According to the Government, the option of submitting complaints to the Board of Equal Treatment has also further strengthened the employee’s legal position. The Committee notes the Government’s indication that case law on discrimination on the ground of gender is very extensive and that about 40–50 cases are being brought before the courts each year. The Committee asks the Government to continue to provide information on the evolving case law concerning gender discrimination in employment and occupation, with an indication of the number of cases concerning discriminatory dismissals on the basis of pregnancy and maternity leave that have been dealt with by the courts, the Board of Equal Treatment and the special Board of Dismissal in the context of the collective agreement system. Considering the high number of cases relating to dismissal on the grounds of pregnancy or maternity leave previously noted, the Committee nonetheless asks the Government to examine, in cooperation with the social partners, whether there is a need for further action to prevent and eliminate such type of discrimination.

Inherent requirements of the job. The Committee notes that, during the reporting period, no exemptions from the prohibition of discrimination in employment have been made under section 6(2) of the Act Prohibiting Discrimination in the Labour Market No. 1349 of 2008. With respect to section 5(a)(vi) of this Act permitting provisions in collective agreements treating persons under the age of 18 differently from persons beyond that age in respect of remuneration, employment and dismissal, the Committee notes the Government’s indication that the rationale behind this provision is to support young people’s integration in the labour market by providing them with the opportunity to gain work experience in the period before they turn 18. Parties to collective agreements should nevertheless ensure that the age limit concerned is objectively justified for a legitimate purpose. If the collective agreement does not comply with these conditions, the provisions in the Act on the prohibition against age discrimination will fully apply. The Committee asks the Government to provide copies of provisions in collective agreements treating persons under the age of 18 differently in respect of remuneration, employment and dismissal, and information on the reasons for such different treatment in the context of those agreements.

Referring to its previous comments regarding discrimination on the grounds of religion, the Committee notes the summary on law and practices concerning religious head coverings provided by the Government. Noting that the decision concerning the case in which the Supreme Court dealt with the question of women wishing to wear a headscarf at work (U2005.1265H), indicated as annexed to the report, was not received, the Committee asks the Government to provide a copy of this decision. Please continue to supply information on relevant decisions by the Board of Equal Treatment or the courts regarding religious head coverings in private and public employment.

Public employment services. With respect to the manner in which the new employment system and job centres contribute to enhancing gender equality in the labour market, the Committee notes that activities of the special equal opportunities unit have focused on strengthening knowledge and competences, as well as awareness of key persons and job centre employees regarding gender equality. The special unit has also established a network (Social and Health Think Tank) which aims to contribute to reducing gender segregation of the labour market by focusing on recruiting and retaining men in the social and health sector. The Committee asks the Government to continue to provide information on the activities of the special equal opportunities unit, including on recruiting and retaining men in the social and health sector, and in particular on the results achieved to address the gender segregation of the labour market.