Denmark
The ITUC affiliates are the Akademikernes Centralorganisation, Funktionaerernes og Tjenestemaendenes Faellesrad and the Landsorganisationen i Danmark.
Denmark ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1951 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1955.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
Anti-Union discrimination
The law prohibits anti-union discrimination.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Others categories
- Seafarers not resident in Denmark working on board ships registered in the Danish International Ships Register (DIS), whether employed under a collective agreement according to section 10(3) of the Act on Danish International Register of Shipping (DIS Act) or individually employed, do not have the right to become members of a Danish trade union that is not party to the Danish International Ships Register Main Agreement (DIS Main Agreement)
Right to collective bargaining
Right to collective bargaining
No information available. .
Limitations or ban on collective bargaining in certain sectors
- Other categories
- Section 10 of the Act on the Danish International Register of Shipping (DIS Act) has the effect of limiting the scope of collective agreements concluded by Danish trade unions to seafarers on ships registered in the Danish International Ship Register (DIS) who are Danish or equated residents and of restricting the activities of Danish trade unions by prohibiting them from representing, in the collective bargaining process, those of their members who are not considered as residents in Denmark
Right to strike
Right to strike
The right to strike is not specifically protected in law, but neither is it explicitly prohibited except for workers in essential services.
Limitations or ban on strikes in certain sectors
- Undue restrictions for “public servants”
- Employees known as ‘crown servants’ (tjenestemænd) –a group of civil servants who are considered to be bound by a special relationship of trust –do not enjoy the right to strike. Denmark has gradually reduced the number of categories and the number of workers employed as ‘civil servants’, so as to comply with international labour law standards on the entitlement of the right to strike. The total number of civil servants stands at 44,000employees.
- Other limitations (e.g. in EPZs)
- Participation in a strikeis dependent on union membership. Non-union member employees are not entitled to strike, as the right to strike derives from a collective agreement. Accordingly, workers who fall outside the scope of a collective agreement do not enjoy the right to strike. Non-union member workers must join the trade union that called the strike in order to participate.