Europarådet i fornyet kritik af Danmark
Sag på vej mod Danmark i Den Europæiske Menneskerettighedsdomstol
Ministerkomiteen i Europarådet har igen fundet at Danmark ikke lever op til sine forpligtigelser om den fri ret for arbejdstagere til at organisere sig.
Meget tyder på at tålmodigheden med Danmark er ved at være opbrugt, og som det blev rejst på Høringen Fair Maritim afholdt tidligere i år, ser det ud til at der snart kan rejses en sag ved domstolen-
Kun Søfarten er omfattet af en dansk lov mod den frie organisations- og forhandlingsret.
Igen, igen er Danmark udsat for hård international kritik på grund af DIS-lovens tilsidesættelse af grundlæggende rettigheder for arbejdstagere til at organisere sig. Rettigheder som DIS lovens paragraf 10 har suspenderet.
Danmark er forpligtet til at sikre fri organisationsret.
Ministerkomiteen har den 5. juni 2024 udtalt at DIS-lovgivningen ikke er i overensstemmelse med Europarådets Socialpagt Artikel 5, der omhandler retten til at organisere sig. Artiklen lyder i sin helhed.
Retten til at organisere sig.
For at sikre eller fremme arbejdernes og arbejdsgivernes ret til frit at oprette lokale, nationale eller internationale organisationer til beskyttelse af deres økonomiske og sociale interesser og til at tilslutte sig disse organisationer forpligter de kontraherende parter sig til at drage omsorg for, at deres lovgivning eller dennes anvendelse ikke begrænser denne frihed. Det skal fastsættes ved nationale love eller administrative bestemmelser, i hvilket omfang de i denne artikel fastsatte garantier skal finde anvendelse på politiet.
Ministerkomiteen noget snirklede ordlyd kan du læse nedenfor – først i dansk oversættelse og siden originalen på engelsk – og på linket Europarådet kan du læse om rådet og dets opgaver. Det vigtigste i teksten findes næsten til sidst hvor ministerkomiteen skriver:
Recommends that Denmark:
– pursue the tripartite national dialogue, which involves all the relevant workers’ and employers’ organisations, with a view to finding sustainable solutions that will guarantee fully the right to organise and the right to bargain collectively on-board vessels entered in the International Shipping Register;
– take necessary measures to promote the presence of Danish trade unions when collective agreements are negotiated and concluded between foreign trade unions and Danish shipowners;
– provide detailed information in its next report on the specific steps taken to comply with the requirements of Articles 5 and 6§2 of the 1961 Charter.
The Committee of Ministers,[1] Having regard to the European Social Pact, in particular Article C of the Revised Pact and Article 21 of the 1961 Pact, as amended by the Turin Protocol of 1991;
Taking into account reports on the application of the European Social Pact submitted by Denmark for the monitoring cycle 2022 (XXII-3);
Having reviewed Conclusions XXII-3 of the European Committee of Social Rights (ECSR), adopted pursuant to Articles 5 and 6§2 of the 1961 Covenant, as amended by the 1991 Protocol;
Taking into account the ECSR's conclusion that the situation in Denmark was not in accordance with the Covenant under Article 5 due to the fact that the legislation on the International Shipping Register (Act No. 408/1988 as amended) restricts the right of trade unions to bargain collectively on behalf of their members who do not reside in Denmark;
Taking into account the ECSR's conclusion that the situation in Denmark was not in accordance with the 1961 Convention under Article 6§2 due to the fact that the right to collective bargaining for non-resident seafarers employed on ships registered in the International Shipping Register is unreasonably limited;
Bearing in mind that, according to Article 5 of the Covenant, in order to ensure or promote the freedom of workers and employers to form local, national or international organizations for the protection of their economic and social interests and to join these organizations, Member States undertake to ensure that national legislation shall not be such as to limit, or be applied in such a way as to limit, this freedom;
Bearing in mind that according to Article 6§2, national legislation must recognize that employers' and workers' organizations can regulate their relations by collective agreements and that trade unions must be allowed to strive for the improvement of existing living and working conditions for all workers and that in this area the rights of trade unions should not be limited by legislation to obtain minimum conditions;
Recognize that the exercise of the right to organize and the right to collective bargaining constitutes an essential basis for the fulfillment of other fundamental rights guaranteed by the Covenant; Note the information provided by Denmark, according to which pay and working conditions are generally determined by collective agreements concluded between trade unions and employers' organisations, and that almost 80% of third country seafarers on Danish ships are covered by collective agreements. Note in this connection that, for example, Filipino and Indian seafarers are already covered by collective agreements between Danish shipping companies and trade unions in their respective countries, and that the social partners have agreed that Danish collective agreements can also apply to Swedish and Norwegian citizens;
Recognize that these arrangements are based on economic considerations, as they aim to prevent Danish ships from being flagged off to third countries, with the consequent loss of employment and income for the Danish shipping industry;
Further note that the Danish government generally continues to encourage the social partners to find sustainable solutions with regard to employment conditions on ships registered in the International Ship Register;
Taking into account the Declaration on Compliance with Obligations Accepted by Member States of the Council of Europe, adopted by the Committee of Ministers on 10 November 1994 at its 95th session, and in accordance with the statutory mandate of each body,
Underline that it is a primary responsibility of any Member State found to be in breach of its binding obligations under the Covenant to take concrete steps towards remedying the situation; Referring to the Reykjavík Declaration adopted at the 4th Summit of Heads of State and Government of the Council of Europe (16-17 May 2023), according to which States affirmed that social justice is essential for democratic stability and security, and in this regard reaffirmed their full commitment to the protection and implementation of social rights as guaranteed by the system of the European Social Pact;
Taking into account the proposal put forward by the Government Committee; Recommends that Denmark:
continue the tripartite dialogue at national level, involving all relevant workers' and employers' organizations, with a view to finding sustainable solutions that will fully ensure the right to organize and the right to collective bargaining on board ships registered in the International Ship Register;
takes necessary measures to promote the presence of Danish trade unions when collective agreements are negotiated and concluded between foreign trade unions and Danish shipping companies;
provides detailed information in its next report on the specific steps taken to comply with the requirements of Articles 5 and 6§2 of the 1961 Covenant.
[1] In its composition limited to representatives of the states that are parties to the European Social Pact or the Revised European Social Pact.
The Committee of Ministers, [1]
Having regard to the European Social Charter, in particular Article C of the Revised Charter and Article 21 of the 1961 Charter, as amended by the 1991 Turin Protocol;
Considering reports on the application of the European Social Charter submitted by Denmark for the 2022 (XXII-3) supervision cycle;
Having examined Conclusions XXII-3 of the European Committee of Social Rights (ECSR) adopted under Articles 5 and 6§2 of the 1961 Charter, as amended by the 1991 Protocol;
Having regard to the conclusion of the ECSR that the situation in Denmark was not in conformity with the Charter under Article 5 on the ground that the legislation on the International Shipping Register (Act No. 408/1988 as amended) restricts the right of trade unions to bargain collectively on behalf of their members not resident in Denmark;
Having regard to the conclusion of the ECSR that the situation in Denmark was not in conformity with the 1961 Charter under Article 6§2 on the ground that the right to collective bargaining in respect of non-resident seafarers engaged on vessels entered in the International Shipping Register is unduly restricted;
Recalling that under Article 5 of the Charter, with a view to ensuring or promoting the freedom of workers and employers to form local, national or international organizations for the protection of their economic and social interests and to join those organizations, the States Parties undertake to ensure that national law shall not be such as to impair, nor shall it be so applied as to impair, this freedom;
Recalling that pursuant to Article 6§2, domestic law must recognize that employers' and workers' organizations may regulate their relations by collective agreement and that trade unions must be allowed to strive for the improvement of existing living and working conditions of all workers and in this area the rights of trade unions should not be limited by legislation to the attainment of minimum conditions;
Recognizing that the exercise of the right to organize and the right to bargain collectively represents an essential basis for the fulfillment of other fundamental rights guaranteed by the Charter;
Noting the information provided by Denmark, according to which pay and working conditions are, as a general rule, laid down by collective agreements concluded between trade unions and employers' organizations and that nearly 80% of third-country seafarers on Danish ships are covered by collective agreements. Noting in this respect that, for example, Filipino and Indian seafarers are already covered by collective agreements between Danish shipowners and trade unions in their respective countries and that the social partners have agreed that Danish collective agreements may also apply to Swedish and Norwegian nationals;
Acknowledging that these arrangements are based on economic considerations, as they aim to prevent the flagging out of Danish ships to third countries, with the attendant loss of employment and revenue for the Danish shipping industry;
Noting further that, in general, the Danish Government continues to call on the social partners to find sustainable solutions with respect to employment conditions on vessels entered in the International Shipping Register;
Taking into account the Declaration on compliance with commitments accepted by member States of the Council of Europe, adopted by the Committee of Ministers on 10 November 1994, at its 95 th Session, and in conformity with each organ's statutory mandate,
Stressing that it is a primary responsibility of any member State having been found to be in breach of their binding obligations under the Charter to take tangible steps towards remedying the situation;
Recalling the Reykjavík Declaration adopted at the 4 th Summit of the Heads of State and Government of the Council of Europe (16-17 May 2023), according to which States reaffirmed that social justice is crucial for democratic stability and security and, in this regard , they reaffirmed their full commitment to the protection and implementation of social rights as guaranteed by the European Social Charter system;
Having regard to the proposal made by the Governmental Committee;
Recommends that Denmark:
– pursue the tripartite national dialogue, which involves all the relevant workers' and employers' organisations, with a view to finding sustainable solutions that will guarantee fully the right to organize and the right to bargain collectively on-board vessels entered in the International Shipping Register ;
– take necessary measures to promote the presence of Danish trade unions when collective agreements are negotiated and concluded between foreign trade unions and Danish shipowners;
– provide detailed information in its next report on the specific steps taken to comply with the requirements of Articles 5 and 6§2 of the 1961 Charter.
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