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Danish union federation to challenge DIS
2 July 2008
The Danish government is facing a fresh legal case brought by the Danish Confederation of Trade Unions, LO, in an effort to ensure amendment to the Danish International Ship Register (DIS).
LO said in a letter to the business and industry ministry on 18 June that it was bringing civil action against the government at the request of its member, 3F. The union is an ITF affiliate.
LO claims in its letter that the DIS law (section 10.2) contravenes the EU treaty in terms of employment discrimination against EU citizens. It will thus seek compensation on behalf of two named Polish seafarers who have been employed at rates below those paid to Danish nationals. This section of the law only permits collective agreements to cover seafarers domiciled in Denmark.
LO adds that 3F is aware that the Danish government has made a proposal to the European Commission to amend the law, apparently to bring DIS law into line with community law.
Henrik Berlau, secretary for 3F's Transport section, says: “It is high time, for shipowners have largely succeeded in using the DIS law to wipe out Danish seamen. We have always seen the DIS law as an assault on both Danish and foreign seamen. It should be terminated if Danish seamen and Danish conditions are to survive.”
3F says Denmark has been asked by the ILO every year since the DIS law came into force in 1989 to change the law so that free negotiations and normal trade union rights may be allowed on board Danish ships.
The Danish Labour Court has twice thrown out union attempts to amend the DIS law. In a judgement in October 2005 it stated the case had “nothing to do with a labour dispute”, but was part of the unions’ campaign against the DIS law’s stipulation (section 10.2) that foreign, not Danish, unions should have negotiating rights for the pay and conditions of non Danish-domiciled seamen on DIS ships. That union claim – also presented by LO on behalf of 3F – was for this stipulation to be changed and back wages to 1999 paid.
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