As a foreign company, you should expect Danish trade unions to contact you to conclude an agreement for posted workers in Denmark. You can choose to negotiate a collective agreement with the union yourself, or you can join an employers` organization that can negotiate with the union on your behalf. 6 bis.-1. In order to ensure that posted workers receive wages that correspond to the rates that Danish employers have to pay to carry out appropriate work, trade union actions may be taken against foreign service providers in the same way as Danish employers to support a request for a collective agreement. See, however, paragraph 2. (2) The introduction of trade union measures under paragraph 1 is subject to the prior submission to the foreign service provider of provisions in collective agreements concluded by the most representative social partners in Denmark and covering the whole of the Danish region. These collective agreements must indicate, with the necessary clarity, the rate of the collective agreement that must be paid under the collective agreements. The right to bargain collectively with an employer enhances the human dignity, freedom and autonomy of workers by giving them the opportunity to influence the definition of employment rules and thus gain some control over an important aspect of their lives, namely their work. Collective bargaining is not only an instrument for achieving external objectives. on the contrary, [it] is valuable as experience in self-management per se.
Collective bargaining enables workers to achieve a form of democracy for employment and to guarantee the rule of law in the workplace. Workers get a voice to influence the definition of rules that control an important aspect of their lives. [8] Although the collective agreement itself is not applicable, many of the negotiated conditions relate to wages, conditions, leave, pensions, etc. These conditions are included in an employee`s employment contract (whether or not the worker is a member of the union); and the employment contract is of course applicable. If the new conditions are not acceptable to individuals, they may contradict their employer; but if the majority of workers have agreed, the company will be able to dismiss the plaintiffs, normally with impunity. 8 Conflicts between collective agreements and individual agreements: lack of a more favourable legal provision in Dutch law In accordance with Article 6 bis of the Posting of Workers Act, a number of conditions must be met in order for Danish trade unions to take trade union action against foreign undertakings. The section also describes the maximum wage and wage elements that may be required under the collective agreement. 11.3 Framework agreements and à la carte working conditions The Dutch system therefore does not respect a more favourable legal concept for resolving disputes between collective agreements at different levels. On the contrary, the system of exemptions favours voluntary submission to a more specific agreement over a sectoral agreement which, whatever the content of the agreements, is generally binding. However, this system depends on the action of the undertaking bound by a particular agreement. If this company does not apply for an exemption, it is bound to the inter-trade agreement after the entry into force of the decree of general applicability. [90] In the Common Law, Ford vs.
A.U.E.F. [1969],[8] the courts once ruled that collective agreements were not binding. Second, the Industrial Relations Act of 1971, introduced by Robert Carr (Minister of Labour in Edward Heath`s cabinet), provided that collective agreements were binding unless a written contractual clause stated otherwise. . . .