European Commission questions Danish implementation of Directives through collective agreements

The Danish agreement-based implementation of the EU-Directive on working time may be brought before the European Court of Justice.

Following a formal complaint from two Danish independent trade unions - Christian Trade Union (Den Kristelige Fagforening, DKF) andFirma-Funktionærernes Fagforening- and as a part of a wider analysis of EU social policy conducted by the European Commission, Denmark may be called upon to amend its implementation of the EU Directive on certain aspects of the organisation of working time (93/104/EEC).

Since Denmark has a long standing tradition of using collective bargaining as a means to regulate issues such as working time, the question of whether an EU Directive can be implemented via collective agreements is of immense importance. It was therefore considered a major victory for the future of the "Danish model" of industrial relations that the working time Directive was, in 1995, implemented purely by collective agreements.

However, although collective agreements are widespread in Denmark they do not ensure full coverage in the same way as legislation. According to the Ministry of Labour, only 70% of Danish workers are currently covered by collective agreements which contain the provisions outlined in the working time Directive.

Although acknowledging that all workers are not covered by a collective agreement, Danish Employers' Confederation (Dansk Arbejdsgiverforening, DA) states that compliance with collective agreements far exceeds that of legislation. This argument is supported by a survey which concluded that collective agreements in Denmark, in one way or another, are as effective as legislation in other EU Member States. ("Arbejdstid og overenskomster", Steen Scheuer, Handelshøjskolen i København, Nyt fra Samfundsvidenskaberne (1997)) (DK9710133F).

In May 1993, the European Commission approved of the use of collective agreements as a means to implement EU Directives. However the approval was more political than judicial, and it is now up to either the two trade unions or the Commission to bring the case before the European Court of Justice (ECJ). If the case is brought before the ECJ it is, according to legal experts, unlikely that Denmark will win the case.