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

The Minister for Employment

Ved Stranden 8

1061 COPENHAGEN K

Denmark

[email protected]

ACD 36-01-1

E-mail:

[email protected]

E-mail:

[email protected]

Geneva, 2 August 2018

By e-mail only

Follow-up to the recommendations of the

Standards Review Mechanism Tripartite Working Group

Dear Sir,

The ILO is stepping up its efforts to bring its body of international labour standards up to date

and ensure their relevance to the world of work. The tripartite working group established by the

Governing Body under the Standards Review Mechanism (SRM) in 2015 is an important part of this

exercise. Such measures are necessarily complementary to measures taken by Members at the

national level; this is particularly clear in terms of the follow-up to the recommendations of the SRM

Tripartite Working Group, as approved by the Governing Body.

In October 2016, at its second meeting, the SRM Tripartite Working Group made significant

recommendations in relation to standards that had been previously identified as outdated,

subsequently approved by the Governing Body at its 328th session (November 2016).

It is with

regard to the follow-up to those recommendations that I now write to you.

The SRM Tripartite Working Group recommended that member States with ratifications of

any of the 30 outdated Conventions should consider ratifying more up to date Conventions on the

same subjects. It also asked the Office to provide member States with further information concerning

the denunciation of outdated Conventions.

This is relevant to Denmark, as three outdated

conventions are in force in the country (see attached table): the Holidays with Pay Convention, 1936

(No.

52), the Workmen’s Compensation (Occupational Diseases) Convention, 1925 (No. 18) and the

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42).

In particular, the SRM Tripartite Working Group asked the Office to encourage Denmark to

consider the following:

The recommendations of the SRM Tripartite Working Group formed the basis of decisions of the Governing Body in

October 2016: see

GB.328/LILS/2/1.

See ILO

Handbook of procedures relating to international labour Conventions and Recommendations

(Revised edition

2012), Chapter X.

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



In the area of working hours (annual leave):

Ratifying the Holidays with Pay Convention

(Revised), 1970 (No. 132), which is the most up to date instrument in this field, and accepting

its obligations in respect of persons employed in sectors other than agriculture.

By doing

so, Denmark would automatically denounce the outdated Convention No. 52.

In the area of social security (employment injury):

Since Denmark has ratified the Social

Security (Minimum Standards) Convention, 1952 (No. 102) and accepted the obligations in

its Part VI (employment

injury benefit),

the country may choose to explicitly denounce the

outdated Conventions No. 18 and No. 42. Conventions No. 18 may be denounced at any

time, whereas Convention No. 42 may be denounced next during the window 17 June 2021

–

17 June 2022.



The first step towards the ratification of more up to date Conventions and denunciation of

outdated Conventions should be effective tripartite consultation on the measures to be taken within

the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976

(No. 144). In this regard, as well as in relation to the application of Conventions at the national level,

I wish to assure you that the Office remains fully available to provide any additional information or

technical assistance that Denmark would find helpful in following up the recommendations of the

SRM Tripartite Working Group.

The Office will be in touch shortly to facilitate the provision of any support your country may

request.

Yours faithfully,

Corinne Vargha

Director of the International Labour

Standards Department

In its

direct request

on the application of Convention No. 52 (published in 2010), the Committee of Experts noted that the

ratification of Convention No. 132 would be all the more advisable as the legislation of Denmark, which provides for a

minimum duration of annual paid leave of five working weeks, is significantly more favourable than the standard set out in

Convention No. 52 and appears to be in substantial conformity with the requirements of Convention No. 132.

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

DENMARK:

RATIFICATION OF OUTDATED CONVENTIONS AND ASSOCIATED MORE UP TO DATE CONVENTIONS

Outdated Conventions

(bold ratified by Denmark)

C.34

C.52,

C.101

C.43, C.49

C.20

C.62

C.24, C.25

C.35, C.36, C.37, C.38, C.39, C.40

C.17,

C.18, C.42

C.44

C.48

C.103

C.63

C.5, C.10, C.33, C.59, C.123

C.107

C.32

C.112

Related m ore up to date Conventions

(bold ratified by Denmark)

C.181

C.132

C.171

C.167

C.130

C.102 (Pt II

& III)

C.128 (Pt. II, III & IV) or

C.102 (Pt. V, IX

& X)

C.121 or

C.102 (Pt. VI)

C.102 (Pt. IV)

or C.168

C.157

C.183

C.160

C.138, C.182

C.169

C.152

C.188

Sub-topic of Conventions

Employment policy and promotion

Working hours (annual leave)

Working hours (shift work)

Night work

OSH (construction)

Social security (medical care and sickness)

Social security (old age, invalidity and survivors’

benefits)

Social security (employment injury)

Social security (unemployment benefit)

Social security (migrant workers)

Maternity protection

Statistics

Children and young persons

Indigenous peoples

Dock workers

Fishers