All Comments

Home Page | English | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Weekly Rest (Industry) Convention, 1921 (No. 14) - Denmark (RATIFICATION: 1935)

DISPLAYINEnglish - French - Spanish

CMNT_TITLE

Previous comments: C.14 and C.106

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 106 (weekly rest (commerce and offices)) together.

Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106. Compensatory rest. The Committee recalls that sections 12, 18 and 27 of Order No. 324 of 23 May 2002 on rest periods and days off which provide that compensatory rest may in exceptional circumstances be replaced by “appropriate protection” are not in compliance with the Conventions. In its report, the Government indicates that to this date there has been no change with regards to the matter. In this respect, the Committee notes that the said provisions are further reproduced in almost identical terms in section 56 of the new Working Environment (Consolidated Act No. 2062 of 16 November 2021, as amended). The Committee notes the Government’s indication that the clauses indicating that “appropriate protection in exceptional circumstances can be used when it’s not possible to grant compensatory rest” have not been materialised in specific provisions, which according to the Government means that the legislation is applied in compliance with the Conventions. The Government reiterates that the relevant provisions of the Working Environment Act and Order No. 324 essentially reproduce the provisions of the EU Working Time Directive 93/104. While noting the Government’s indications, the Committee recalls that under Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106, granting compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted in all cases of authorized exceptions to the basic 24-hour weekly rest rule. The Committee accordingly requests the Government to re-examine the relevant provisions of the new Working Environment Act and Order No. 324 of 23 May 2022 with a view to ensuring that compensatory rest is granted without exception whenever deviations from the ordinary weekly rest scheme are authorized.

CMNT_TITLE

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee requests the Government to refer to the comments made under Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

CMNT_TITLE

Articles 4, 5 and 6 of the Convention. Total or partial exceptions. The Committee notes that the Working Environment Act (Consolidated Act No. 268 of 18 March 2005, as amended) contains a series of provisions dealing with situations where variations to the normal weekly rest rules are permitted. First, section 51(3) provides that, when it is necessary for reasons of protection, or to ensure continuous provision of services, or sustained production, to defer the weekly 24-hour period off, the Minister of Employment may lay down specific rules. Secondly, section 53 provides that for trades, sectors or special types of work, where special conditions make it necessary, the Minister of Employment may lay down rules concerning the weekly 24-hour period off, including its adjustments. Thirdly, section 55 provides that the Minister of Employment may lay down rules concerning the conditions under which section 51 may be departed from by agreement. The Committee requests the Government to specify whether any of the rules provided for in the abovementioned sections of the Working Environment Act have so far been adopted and, if so, to transmit copies. Moreover, it would appreciate if the Government would provide in its next report: (i) an updated list of all total or partial exceptions currently authorized under the provisions of the Working Environment Act and information concerning their implementation in practice; and (ii) additional clarifications as to how it is ensured that, in authorizing total or partial exceptions from the normal weekly rest scheme, all proper social, and not only economic, considerations are taken into account and employers’ and workers’ organizations are duly consulted.

Article 7. Posting of notices. The Committee notes that neither the Working Environment Act nor the Order on rest periods and weekly rest appear to provide specifically for the obligation of employers to keep workers informed of the weekly rest schemes applicable to them, by means of notices, rosters or otherwise. It therefore asks the Government to explain how the Convention is given effect in this regard.

Part V of the report form. Application in practice. The Committee would appreciate if the Government would provide up to date information concerning the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of collective agreements containing clauses on weekly rest, etc.