BEU, Alm.del - 2019-20 - Bilag 62: Opdatering af danske ILO-konventioner af ældre dato, fra beskæftigelsesministeren

Beskæftigelsesudvalget 2019-20
BEU Alm.del Bilag 62
Offentligt

ILO

Att.: Ms Corinne Vargha

[email protected]

Minister for Employment

Holmens Kanal 20

DK-1060 Copenhagen K

T +45 72 20 50 00

E [email protected]

uk.bm.dk

CBR 10172748

Follow-up to review of ILO Conventions, ref. ACD 36-01-1

Dear Corinne Vargha

Thank you for your letter sent August 2, 2018 on follow-up to the recommenda-

tions of the Standard Review Mechanism Tripartite Working Group SRM-TWG.

Denmark attaches great importance to the work of the SRM-TWG and its valuable

contributions to the ILO having a clear, robust and up-to date body of international

labour standards ILS. Only when ILS respond to the changing patterns of the world

of work they will fulfill the purpose of ensuring a high level of protection of work-

ers and taking into account the needs of sustainable enterprises. Denmark continues

to support the mandate of the SRM-TWG and the ILO standard initiative. It is vital

that this process keeps its momentum in order for modernization to continue.

In your letter Denmark is encouraged to consider



ratifying the Holiday with Pay Convention (Revised), 1970 (No. 132) and

thereby denouncing the Convention No. 52; and



denouncing the outdated Conventions No. 18 and no. 42, since Denmark has

ratified the Social Security (Minimum Standards) Convention, 1952 (No. 102)

and accepted the obligations in Part IV (employment injury benefit).

Both issues have now been taken up and discussed by the Danish Permanent ILO

Committee, established in accordance to ILO Convention no. 144 (concerning Tri-

partite Consultations to Promote the Implementation of International Labour Stand-

ards). My reply below is made on the basis of an agreed recommendation from the

Danish Permanent ILO Committee.

With regard to the Holiday with Pay Convention, it is the overall assessment that

Denmark to a large extent already meets the requirements in the Convention. In

Denmark, the Holiday Act gives all workers the right to at least five weeks of holi-

day. Denmark has just adopted a new Holiday Act in 2018, based on a recommen-

dation and report from the social partners. The new Holiday Act introduces the

concept

”concurrent

holiday“

- meaning that employees may take holiday in the

same year as when the holiday is accrued. This means that holiday is accrued and

taken within the same 12-month period (holiday year). For instance, holiday ac-

crued in March may already be taken in April the same year. However, in Den-

mark, most workers will receive their ordinary salary during holidays, which is

File No.

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BEU, Alm.del - 2019-20 - Bilag 62: Opdatering af danske ILO-konventioner af ældre dato, fra beskæftigelsesministeren

paid at the end of the agreed payment period e.g. monthly and backwards. There-

fore it is seen as an obstacle that the holiday payment according to the Convention

needs to be paid in advance of the holiday, unless otherwise provided in an agree-

ment applicable to the worker and the employer (art. 7, para 2). A Danish ratifica-

tion would require legislative measures, and changing the starting point to an ear-

lier payment is assessed to significantly affect the economic balance on which the

Danish holiday scheme is built. On this basis, I have followed the agreed recom-

mendation from the Permanent ILO Committee that Denmark is not in a position to

ratify the Convention.

With regard to the Conventions No. 18 and no. 42, the Permanent ILO Committee

has recommended that Denmark should denounce the ILO Conventions No. 18 and

no. 42. The Danish authorities and the social partners share the assessment that the

Social Security (Minimum Standards) Convention (No. 102) contains equivalent or

even higher level of standards when it comes to employment injury benefit

schemes.

Attention should be drawn to the fact that the Danish ratification of C102 does not

cover the territory of the Faroe Islands. Further, for now, there are no considera-

tions or requests from the Government of Faroe Islands to revisit the territorial res-

ervation of C102 in so far concerns the territory of the Faroe Islands as C18 re-

mains in force on the Faroe Islands. Thus, the denunciation of C18 by the Kingdom

of Denmark will be qualified to concern only the jurisdiction of Denmark. Conse-

quently, such denunciation will not alter the application of C18 to the Faroe Is-

lands.

In accordance with the above, I have decided to follow the agreed recommenda-

tion, and Denmark will take further steps in order to denounce the two conventions

concerned.

The Danish Permanent ILO Committee and the Danish Parliament have received a

copy of this letter.

Yours sincerely

Peter Hummelgaard

Danish Minister of Employment