Observación (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Dinamarca (Ratificación : 1955)

The Committee notes the comments submitted by the Danish Employers’ Confederation (DA) on 24 September 2013 and by the Danish Confederation of Trade Unions (LO) on 23 November 2011 and 24 September 2013, as well as the Government’s observations thereon.

Article 4 of the Convention. Right to free and voluntary collective bargaining. In several of its previous comments, the Committee had noted that section 10 of the Danish International Ships Register (DIS) Act has the effect of, on the one hand, restricting the scope of negotiable issues by Danish trade unions by excluding from their bargaining power seafarers working on ships under the Danish flag who are not Danish residents and, on the other hand, preventing these seafarers from freely choosing the organization they wish to represent their interests in the collective bargaining process.

The Committee notes that the new DIS Main Agreement (supplied by the Government), which has been concluded on 28 February 2013 between the Danish shipowners’ associations (with the exception of one organization) and the Danish seafarers’ organizations (with the exception of two organizations), provides: (i) in its section 7(1), that seafarers not resident in Denmark working on board DIS ships who are employed under a collective agreement according to section 10(3) of the DIS Act, may choose to be a member of a Danish trade union; (ii) in its section 7(1) and (2), that the signatory Danish trade unions may attend to the interests of seafarers not resident in Denmark working on board DIS ships who are employed under a collective agreement according to section 10(3) of the DIS Act, in questions arising out of Danish legislation and, as agreed with the foreign trade unions, assist them in litigation concerning industrial disputes; and (iii) in its section 6(2), that the signatory Danish unions may be represented in the negotiations of a collective agreement according to section 10(3) of the DIS Act between the shipping company or shipowners’ association and the foreign trade union(s) with the purpose of securing that the result of the negotiation is in accordance with an internationally acceptable level, which means international standards for wages and working conditions (as agreed on between other internationally affiliated social partners). The Committee also notes the collective agreements, which have been concluded between Danish shipowners’ associations and Indian and Philippine trade unions.

In this regard, the Committee observes the LO’s indication that the role of signatory Danish trade unions with respect to seafarers not resident in Denmark working on board DIS ships who are employed under a collective agreement according to section 10(3) of the DIS Act, remains limited to aid in the matters specified in section 7(1) and (2) of the DIS Main Agreement, since Danish trade unions may not represent them in a collective bargaining situation. The LO stresses that the membership of such seafarers in a Danish trade union does not entail their coverage by a collective agreement concluded by that Danish trade union, since they are in principle cut off from inclusion in any collective agreement made by Danish unions, so as to enable Danish shipping companies to enter into collective agreements with foreign unions representing seafarers resident in their countries on an internationally competitive level which is below the level sought by Danish unions.

In this context, the Committee notes the Government’s indication that: (i) it has not received information that the collective agreements concerning wages and general working conditions on board Danish ships, regardless as to whether they were concluded by Danish or foreign unions, were not at an internationally acceptable level; (ii) Danish ships are still faced with fierce international competition; and (iii) ships are subject to regulations ensuring seafarers high standards of social conditions, including conditions of employment. The Committee also notes that the DA supports the position of the Government highlighting that the DIS is vital for Danish shipping.

While welcoming the signing of the new DIS Main Agreement, the Committee observes that two trade union organizations (United Federation of Danish Workers (3F) and Danish Maritime Catering Union (DSRF)) out of five have decided not to be bound by the new agreement and that the legislative aspect of the matter has not been resolved, since section 10 of the DIS Act still has the effect of limiting the scope of collective agreements concluded by Danish trade unions to seafarers on DIS ships who are Danish or equated residents and of restricting the activities of Danish trade unions by prohibiting them from representing, in the collective bargaining process, those of their members who are not considered as residents in Denmark. The Committee recalls that, in the framework of Case No. 1470, the Committee on Freedom of Association (CFA) considered that section 10(2) and (3) of the DIS Act constitutes interference in the seafarers’ right to voluntary collective bargaining and amounts to government interference in the free functioning of organisations in the defence of their members’ interests, which is not in conformity with the spirit of the Convention, and accordingly drew this case to the attention of the present Committee. Taking due note of the information and figures presented by the Government to illustrate the important developments in the Danish shipping industry, and observing that in 2012 out of a total of 9,316 seafarers on duty on DIS ships, more than half (4,759) are foreigners from third party countries not considered or equated to Danish residents, the Committee requests the Government to make every effort to ensure full respect of the principles of free and voluntary collective bargaining so that Danish trade unions may freely represent in the collective bargaining process all their members – Danish or equated residents and non-residents – working on ships sailing under the Danish flag, and that collective agreements concluded by Danish trade unions may cover all their members working on ships sailing under the Danish flag regardless of residence. In this regard, noting the divergent views of the LO and the Government as to whether the DIS legislation has been sufficiently the subject of debate, the Committee invites the Government to engage in a tripartite national dialogue with the relevant workers’ and employers’ organizations on this issue so as to find a mutually satisfactory way forward, and to indicate in its next report its outcome and any contemplated measures.