Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 323, Novembre 2000

Effect given to the recommendations of the Committee and the Governing Body

1. 54. The Committee last examined this case at its meeting in May-June 1989 when it referred to its previous conclusions that section 10(2) and (3) of the Act of 23 June 1988 to set up a Danish International Ship's Register constitutes interference in the seafarers' right to voluntary collective bargaining and amounts to government interference in the free functioning of organizations in the defence of their members' interests which is not in conformity with the spirit of Conventions Nos. 87 and 98 and requested the Government to take the necessary measures to amend the Act in this regard [see 265th Report, para. 19].
2. 55. In a communication dated 28 August 2000, the Government first indicates that a two-year agreement was entered into between the social partners in September 1999 confirming the fundamental principle that Danish labour organizations have a right to be represented at negotiations between Danish shipping companies and foreign organizations in order to ensure that the results in respect of living and working conditions are at an internationally acceptable level. Moreover, pursuant to the agreement, a contact committee has been established with the purpose of developing and extending cooperation between the parties. On 25 February 2000, the parties further entered into a framework agreement on the establishment of collective agreements with foreign unions and individual agreements for foreign seafarers from outside the European Union which sets minimum standards to be upheld. In the light of the above, the Government and the main organizations in the industry have discussed the issue of the collective agreement provisions in section 10 of the Danish International Shipping Register Act. Through these discussions, the main organizations have confirmed that a common understanding of the administration of these collective agreement provisions has been achieved through the above mentioned agreements.
3. 56. The Committee notes this information with satisfaction and refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.