Beskæftigelsesudvalget 2022-23 (2. samling)
BEU Alm.del Bilag 195
Offentligt
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Joint Nordic Declaration from the Nordic Council of Ministers for
Labour (MR-A) - a policy response to changing labour relations
We, the Nordic Council of Ministers for Labour (MR-A), have discussed the manifestation of
fundamental values in our working life in the context of a more complex economic
environment. The Nordic countries agree that it is of crucial importance that labour law is
applied to all employment relations, including where a clear imbalance of power exists, and
that employer responsibilities should be clarified and adapted to changing organization of
work.
The Nordic labour market models
Our labour market models are based on inter alia open-ended employment contracts,
defined legal responsibilities for employers and employees, decent pay and working
conditions and comprehensive collective agreements entered by autonomous social
partners. New business concepts and employment contracts enabling companies to avoid
legal obligations as employers, represent a challenge to the foundation of the Nordic labour
market models. This may represent a barrier to trade unionism and collective bargaining, and
thereby weakens industrial relations and employee involvement at the workplace. This is
today particularly a challenge in industries like construction and transportation, which have a
more extensive inflow of workers and companies from other countries.
Our labour markets need to be able to respond and adapt to the structural and technological
changes that are now occurring. We believe that the future of work should be met with
investment of resources and political will to promote a working life with safe and fair working
conditions, open-ended employment contracts and protection and support of workers who
are in transition between employments. This is necessary to uphold and strengthen the
Nordic labour market models in times when our societies are changing rapidly.
History has shown us that there is a risk of growth in low quality jobs in the aftermath of a
general crisis. We must not allow the covid-19 pandemic and the recovery, or the negative
effects on the economy caused by the Russian invasion of Ukraine, lead to deterioration of
workers’ protection or a growth of workers in false self-employment. Neither should we allow
business models constructed to avoid legal obligations as employers. This applies for digital
platform workers, as well as for occupational groups such as pilots, cleaners and lorry
drivers. It is important that national policy and practice keep pace with developments on the
labour market to reduce the risk of both intentional or unintentional misclassification of
workers.
The European Commission’s initiative for improving working conditions for platform workers
and ensuring guidelines for collective bargaining for solo self-employed can in the view of the
Nordic countries represent an important step towards increased protection for groups on the
fringes of the labour market. It is important that a directive respects the national labour
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BEU, Alm.del - 2022-23 (2. samling) - Bilag 195: Orientering om fælles nordisk erklæring om "Policy reponse to changeing labour relations"
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market models, division of competences between EU and the Member States, and the
autonomy of the social partners.
It is important to avoid possibilities of circumventing employer responsibility and ensure that
the allocation of legal responsibilities is based on who in reality exercises employer functions
and powers. The approach may be different across EEA/EU Member States, according to
national regulation and tradition of involvement of social partners. However, both legislators,
courts and social partners should consider initiatives to clarification.
New business concepts and employment contracts with unclear employer responsibilities
contributes to weakening off industrial relations and workers organisation. It is a mutual
challenge to increase unionization rates for workers and employers, and to promote
collective agreements.
Promoting social dialogue
The Nordic countries welcome initiatives from the European Commission for promoting social
dialogue and collective bargaining taking into account the limits for presenting such initatives
according to national and EU-law. We value the importance of strengthening social dialogue
at European level as well as at national level. The importance of tripartite collaboration, the
social partners’ sole responsibility for wage settlements through collective agreements (in
other words the autonomy of social partners in wage formation) and the role of the social
partners on matters regarding labour law, are at the core of the Nordic model. We will
contribute to the efforts to strengthen social dialogue at EU level, respecting the various
national models of social dialogue and share our experiences with other EU/EEA member
states.
Decent working conditions
Unfair wage competition and poor working conditions undermine the aim of a decent working
life for all. Social dumping and violation of labour law often occurs in connection with
precarious or non-standard forms of work. Migrant workers are more vulnerable for
exploitation. Through close collaboration with social partners, we will continue to counteract
social dumping. The challenges are similar in all Nordic countries and unlawful actions and
work-related crime should be combated through resilient labour market systems, effective
sanctions and strong enforcement for example through public authorities working together,
sharing information and conducting common inspections.
Intensifying the fight against exploitative and competition distortive practicies on the labour
market, so called work-related crime, also necessitates increased cross-border cooperation.
We have a common responsibility for promoting fair competition and fair and transparent
working conditions – both at the Nordic and the EU level. The European Labour Authority
represents an important arena for such cooperation. In addition, projects on the European
level have inspired increased regional collaboration, such as increased cooperation between
the Labour Inspectorates in the Nordic countries and the Baltic countries on labour inspection
and coordination of activities to promote decent work. The Nordic Countries will continue to
work together to take more action against work-related crime.
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BEU, Alm.del - 2022-23 (2. samling) - Bilag 195: Orientering om fælles nordisk erklæring om "Policy reponse to changeing labour relations"
The Nordic countries welcome a strong social dimension of the EU, and the Nordic countries
support and encourage the objective of a more «Social Europe». In developing the means for
implementing the social dimension of the EU, the Nordic Ministers would like to recall what
was stated in the Joint Nordic Declaration on Fair Competition and Fair Working Conditions
from 2018, that in our view, it is important to keep in mind that the diversity of regional or
national circumstances may require different solutions to what seems to be the same type of
challenges. We consider it of the utmost importance that the division of competences
between the EU and the Member States, as well as national labour market models, are fully
respected.
This joint declaration highlights a Nordic perspective on how to deal with changing labour
relations influencing the traditional forms of working life as well as new working
arrangements. We share an obligation to an active policy to turn the tide away from a more
dualized and excluding working life. We are convinced that a clarification of employee status
and employer responsibilities and promoting fair and decent working conditions built on
social dialogue as well as intensified efforts in the fight against work-related crime represents
a precondition for a successful transition to the future of work.
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