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Labour Administration Convention, 1978 (No. 150) - Denmark (RATIFICATION: 1981)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A.Labour inspection

The Committee notes the observations from the Danish Confederation of Professional Associations (AC) and Danish Trade Union Confederation (FH) on Convention No 81 communicated with the Government’s report.
Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee notes the observation from the AC and the FH according to which the WEA does not react to all complaints received from workers regarding health and safety issues. According to the AC and FH, the Danish Working Environment Authority (WEA) should investigate all complaints that are not obviously unreasonable. The Committee requests the Government to provide its comments in this respect.
Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. In reply to the Committee’s previous comment related to the control of migrant workers in an irregular situation, the Government indicates that during the joint inspection visits involving the WEA and other authorities, WEA’s inspectors are not requested to perform other duties than those related to the inspection of the workers’ health and safety. The Committee also notes the Government’s indication that the Danish Centre against Human Trafficking (CMM) provides counselling to victims of trafficking in a range of areas, such as the possibility to recover outstanding salary claims. Should the victim be interested in pursuing the possibility to recover unpaid wages, the CMM will refer the victim to the appropriate authority or relevant parties in the labour market such as trade unions, in order to receive legal advice. The Government indicates that the CMM does not assist migrant workers in enforcing labour rights or in collecting wages. Taking note of the information regarding the role of the WEA in joint operations, the Committee requests the Government to provide information on the actions undertaken by labour inspectors when, in the conduct of an inspection visit, they come across migrant workers in an irregular situation, including any notification to other government agencies and any specific measures taken to ensure the enforcement of migrant workers’ rights. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on the number of cases where migrant workers found in an irregular situation have been granted their due rights.

B.Labour administration

Article 7(b) of the Convention. Extension of the functions of the system of labour administration to self-employed persons and workers in the informal economy.The Committee had previously requested the Government to provide information on measures taken or envisaged for the extension of labour administration activities to self-employed workers and workers in the informal economy. The Committee notes that the Government reiterates that self-employed persons are, to a large extent, subject to the same health and safety rules as employees, including with regard to rules on performance of the work, technical equipment, substances and materials. The Government also reiterates that it has introduced a maternity equalization scheme for self-employed persons to provide these workers with improved income compensation during maternity and parental leave. Noting the absence of information regarding its previous request, the Committee once again requests the Government to provide information on measures taken or envisaged for the extension of labour administration activities to workers in the informal economy.
Application of the Convention in practice. The Committee notes the Government’s indication that there were some adjustments in management and administrative structure of the Danish Working Environment Authority entailing that the Authority is now managed by a Board of Directors comprised of a Director-General, two Deputy Directors and three Directors of Inspection. The Government indicates that employment councils at the local, regional, and national levels meet regularly, and that the national council is able to comment on draft laws. The national, regional and local councils can provide advice and recommendations on the implementation of employment policies. The Committee takes note of the Government’s information, which addresses its previous request.

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Article 7(b) of the Convention. Extension of the functions of the system of labour administration to self-employed persons. The Committee notes the Government’s statement that the need to extend the functions of labour administration to workers enumerated in Article 7 of the Convention is currently being considered by the authorities and legislators, in consultation with the social partners. In this regard, the Government indicates that self-employed persons in the country are, to a large extent, subject to the same health and safety rules as employees, including with regard to rules on performance of the work, technical equipment, substances and materials. The Government also indicates that it has introduced a maternity equalization scheme for self-employed persons to provide these workers with improved income compensation during maternity and parental leave. The Committee requests the Government to continue to provide information on measures taken or envisaged for the extension of labour administration activities to self-employed workers and workers in the informal economy.
Application of the Convention in practice. The Committee notes the information in the Government’s report concerning the operation of the Danish Working Environment Authority and the Danish Agency for Labour Market and Recruitment, under the Ministry of Employment, as well as the role played by the social partners through employment councils at the local, regional and national levels. It also notes the reports of the National Labour Market Authority and of the National Employment Council of 2013, submitted with the Government’s report. The Committee asks that the Government continue to provide up-to-date information on the manner in which the Convention is applied in practice, and to supply extracts of the reports of the principal institutions of the labour administration system.

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Articles 6–8 of the Convention and Part IV of the report form. Implementation of employment policies and programmes. The Committee notes the Government’s indication that following in the reform of local governance in 2007, the national employment policy is targeted based on a limited number of “forward-looking targets” in areas where focused action is required in order to improve the results of the employment programmes which are monitored and followed up through the four employment regions. It also notes that at the local level, employment programmes are based on an annual employment plan, which is implemented through the new Public Employment System and whose results are monitored through results audits. The four employment regions and four regional employment councils coordinate national and local policies and programmes. The Committee further notes various measures taken under the new bodies and structure.

The Committee requests the Government to continue to provide up-to-date information concerning the application of the Convention. It would also appreciate receiving more detailed information on the functioning and the results achieved of the new system, including the information concerning:

–           how effective consultation and cooperation between the public representatives of employers’ and workers’ organizations are ensured in the process of formulation and implementation of employment or labour policies at the national and local levels, such as the identification of the abovementioned “forward-looking targets”, in accordance with Article 6(2)(c) of the Convention;

–           whether consideration is being given, under the new system in place since 2007, to promote the extension of the functions of labour administration to workers enumerated in Article 7 of the Convention, and

–           how the bodies mentioned in the Government’s report, such as the four employment regions or the four regional employment councils may contribute to the preparation of national policy concerning international labour affairs, as provided in Article 8 of the Convention.

In connection to Part IV of the report form, the Committee would be grateful if the Government would also provide a copy of annual reports of, for instance, the National Employment Council, the National Labour Market Authority, the four employment regions and the four regional employment councils or any other national or local bodies involved in the formulation and implementation of labour policies or programmes

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