L 72b - 2019-20 - Endeligt svar på spørgsmål 35: MFU spm. om at oversende korrespondance/afrapportering, som regeringen har foretaget til FN-organisationen ILO m.v., til skatteministeren

Skatteudvalget 2019-20, Skatteudvalget 2019-20, Skatteudvalget 2019-20
L 72 , L 72 A , L 72 B
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Article 22 of the Constitution of the ILO

REPORT

Report for the period 1 June 2016 to 31 May 2019,

made by the Government of Denmark

on the

Right to Organise and Collective bargaining Convention

1949 (98)

Reference is made to previous reports.

In Denmark, no new legislative or other measures affecting the application of the Convention have been in-

troduced or adopted since the last reporting.

Observation, 2016

–

Article 4 of the Convention

The Danish Government is pleased to provide the below mentioned information on development since

2016.

In connection with considerations of a change of tax rules for seafarers working aboard certain special ships

(guard and supply ships, pipe laying and cable vessels, wind turbine and construction ships, ice handling

ships and ASVs (so-called "hotel ships")) the former Minister for Industry, Business and Financial Affairs

in December 2017 asked the organizations to propose a model for ships that primarily carry out such activi-

ties on the Danish continental shelf area.

After discussions in the Contact Committee under the DIS Main Agreement, the organizations proposed that

the DIS Act should be amended in order to allow Danish trade unions to enter into collective agreement on

behalf of all seafarers on ships mainly carrying out the activities concerned in the Danish territorial waters

or continental shelf area for more than 14 days a month.

The former minister for Industry, Business and Financial Affairs presented a proposal for an Act amending

the DIS Act, which

was drawn up in accordance with the organizations’ proposal to the Parliament. Parlia-

ment passed the act unanimously.

The Act includes seafarers who are engaged in a number of activities which include:



Certain types of guard service as well as support and service functions,



Construction, repair and dismantling of oil installations, wind farms or other offshore installations at

sea,



Laying down of pipelines or cables on the seabed,



Ice handling, and



Housing of employees, spare parts or workshop facilities for offshore work.

It is a condition for the application of the first sentence that the ships mainly carry out the activities con-

cerned in the Danish territorial waters or continental shelf area for more than 14 days a month.

The new Act is expected to enter into force later this year.

In spring 2017 collective agreements were renewed on the private labour marked after negotiations between

the social partners.

L 72b - 2019-20 - Endeligt svar på spørgsmål 35: MFU spm. om at oversende korrespondance/afrapportering, som regeringen har foretaget til FN-organisationen ILO m.v., til skatteministeren

In spring 2018 the collective agreements were renewed in the public sector after negotiations between the

social partners.

No decisions involving questions of principle relating to the application of the Conventions concerned have

been given by courts of law or other tribunals.

Reference is made to previous reports.

Copies of this report have been communicated to Local Government Denmark (KL), The Confederation of

Danish Employers (DA), The Danish Trade Union Confederation (FH) and The Danish Confederation of

Professional Associations (AC).

Employers’ organisations:

- The Danish

Employers’ Confederation, Vester Voldgade 113, DK-1790

Copenhagen V

- Local Government Denmark, Weidekampsgade 10, P.O. Box 3370, DK-2300 Copenhagen

Workers’ organisations:

- The Danish Trade Union Confederation, Islands Brygge 32D, DK-2300 Copenhagen S

- The Danish Confederation of Professional Associations, Nørre Voldgade 29, P.O. Box 2192, DK-1358

Copenhagen K

Hearing parties of the Danish Maritime Authority:

The Danish Shipping

The Car Ferry Association

The Trade Association for the Hotel, Restaurant and Tourism Industry (HORESTA)

The Danish Metalworkers' Union Maritime Section/CO-SEA

The Public Services Union

–

Maritime Section

The United Federation of Danish Workers

The Maritime Section of the United Federation of Danish Workers

Lederne Søfart

Maskinmestrenes Forening

The Association of Ferry Companies of Danish Small Islands

Sammenslutningen af Mindre Erhvervsfartøjer

Træskibssammenslutningen

SKULD

The Danish Shipbrokers Association

Danish Ship Finance

Danish Freight Forwarders

Foreningen af Danske Søassurandører

Danish Maritime

The Danish Shipping Tribunal, Danish Appeals Boards Authority

SEA HEALTH & WELFARE

Comments received from the Danish Trade Union Confederation FH:

By way of introduction, FH refers to earlier contributions from LO

–

The Danish Confederations of Trade

Unions to reports on the DIS-Act

–

most recently in September 2016 and the subsequent comments/updates

regarding the government’s comments to the ILO to this date.

The independent Committee of Experts in its 2016 report

requested

the Danish government to make every

effort to ensure full respect of the principles of free and voluntary collective bargaining so that Danish trade

unions could freely represent all their members in collective bargaining process

–

Danish or equated resi-

dents as well as non-residents, working on ships sailing under Danish flag

–

and that collective agreements

concluded by Danish trade unions may cover all their members working on ships sailing under Danish flag

regardless of residence.

L 72b - 2019-20 - Endeligt svar på spørgsmål 35: MFU spm. om at oversende korrespondance/afrapportering, som regeringen har foretaget til FN-organisationen ILO m.v., til skatteministeren

The Committee of experts also

requested

the Danish government to engage in national tripartite national

dialogue and to take the necessary measures to enable all the relevant worker’s and employer’s organisa-

tions to participate therein, if they so wish, so as to find a mutually satisfactory way forward, and to indicate

in its next report its outcome and any contemplated measures.

FH finds it deeply regrettable that the Danish government for more than 30 years now, based on varying ar-

guments, has refrained from taking seriously the criticism of the Committee of Experts and the call to bring

article 10 of the DIS-Act

in accordance with the ILO’s conventions.

In the report on Convention 98, the government refers to a recent amendment to the DIS-Act. FH recognises

the importance of this change.

However, the amendment to the DIS-Act

referred to in the government’s report is in no way a sufficient an-

swer to the requests in the report from the Committee of Experts.

The scope of the amendments are limited to vessels operating in Danish territorial waters or continental

shelf whereas the amendment will have no effect to vessels already covered by the DIS-Act.

The case regarding the Danish International Ships' Register (DIS) has been ongoing since 1988, at which

time FH’s predecessor, LO, brought the legislative intervention to the attention of the ILO, and in 1989,

when the Committee of Experts decided that article 10, 2 and 3 of the Act is not in accordance with ILO-

Conventions 87, 98 and 111.

…

FH finds it urgent that the Danish government initiates actual dialogue on article 10 of the DIS-Act with all

parties from the worker-side

with a view to bringing it in accordance with the ILO’s Conventions.

Attached, is a copy of FH’s letter of 16 September

2019.

Reply by the Danish Government:

A number of the remarks made in FH’s letter of 16 September 2019 are in line with the previous comments

to the reporting on ILO conventions 87 and 98 respectively forwarded by the organisation, including com-

ments given in 2016. In light of this and for the time being, reference is made to previous reportings and

remarks forwarded to the ILO by the Danish Government.

The fact remains, that the conditions leading to the establishment of the Danish International Ship Register

(DIS) still apply. Traditional shipping nations

–

such as Denmark

–

compete with a number of ship registers

all over the world, and Danish ships still face fierce international competition. Today, shipping has become

even more international by nature, and Danish ships are engaged in voyages all over the world. The ability

to easily transfer ships from one ship register to another as well as ship owners’ ability to establish abroad

remain basic conditions of the shipping industry.

Ships registered in DIS are subject to regulations ensuring seafarers high standards of social conditions,

including conditions of employment. Denmark is among the countries that have ratified the ILO Maritime

Labour Convention, 2006.

The additional remarks made by FH under convention no. 87 to the recent amendment to the DIS-Act are

duly noted.

On a general level the underlying reasons for maintaining the DIS remain. Thus, no amendment to the re-

port has been conducted following the letter from FH.