Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report dated 26 May 2005, in which it supplied comments on matters raised in a previous communication received from the Danish Masters’ Association (Dansk Magisterforening, DM), concerning the application of the Convention by Denmark.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Imposition of work as a condition for maintaining entitlement to unemployment benefits. The Committee previously noted the communication dated 22 July 2004 received from the Danish Masters’ Association. In that communication, the DM expressed concern about the Government’s recent reforms of its labour market policies, particularly the introduction of obligatory "job offer" and labour "activation" schemes and their impact on unemployed persons receiving benefits under existing unemployment insurance and social assistance programmes. Among the concerns expressed was that, under the new policies, an unemployed person "stands the risk to lose his or her rights to unemployment benefits or social assistance if one rejects an offer" of a job or an activation measure. In the view of the DM, the Government’s new policies amount to forced or compulsory labour within the meaning of Article 2, paragraph 1, of the Convention.

The Committee recalls that, in its last direct request to the Government under the Social Security (Minimum Standards) Convention, 1952 (No. 102), it pointed out that it shared the concerns expressed by the European Committee of Social Rights (ECSR) regarding the rules on the readiness and availability of jobseekers to take up offered employment laid down in the Unemployment Insurance Act, as amended by Act No. 1035 of 17 December 2002. The Committee referred to the XVII-1 Conclusions of the ECSR concerning the application by Denmark of Article 12(3) of the European Social Charter, in which it stated:

The Committee considers the new rules on availability to be very stringent, virtually compelling unemployed persons on pain of loss of benefits to accept a job regardless of the occupational field from the first day of unemployment. The Committee holds that one of the aims of an unemployment benefit system is to offer unemployed persons adequate protection during at least an initial period of unemployment from the obligation to take up any job irrespective of occupational field, precisely with a view to giving them the opportunity of finding a job which is suitable taking into account their individual preferences, skills and qualifications. However desirable it may be for the labour market authorities to channel surplus workforce into areas with labour shortages, unemployed persons should be treated with due respect for their professional, social and family status and not as ordinary labourers, physically and mentally fit for any job.

The Committee asks that the Government supply more complete and explanatory information concerning the functioning of the unemployment insurance system. In this regard, it refers the Government to the Committee’s request for information on the application of Convention No. 102 set forth in its direct request of 2004 under that Convention.