Working life country profile for Denmark
This profile describes the key characteristics of working life in Denmark. It aims to provide the relevant background information on the structures, institutions, actors and relevant regulations regarding working life.
This includes indicators, data and regulatory systems on the following aspects: actors and institutions, collective and individual employment relations, health and well-being, pay, working time, skills and training, and equality and non-discrimination at work. The profiles are systematically updated every two years.
A ‘conflict of rights’ arises when the matter in dispute is already covered by a collective agreement. In the event of a conflict of rights, there is generally no right to resort to industrial action or a lockout. Once a collective agreement has been concluded, Danish labour law prescribes a peace obligation while it is in force.
If a case concerns a breach of a collective agreement, it must be referred to the Labour Court. However, if there is disagreement concerning the interpretation of the agreement, the dispute must be settled by an industrial arbitration tribunal (faglige voldgiftsretter). The legal basis for conflict resolution is the Standard Rules for Handling Industrial Disputes of 1910 (the Danish abbreviation is Normen).
A ‘conflict of interests’ occurs in periods and areas when and where there is no collective agreement in force. In these instances, industrial action – such as strikes, lockouts or blockades – can be taken provided that there is a reasonable degree of proportionality between the goal to be obtained and the means used to obtain it. This freedom applies both to workers and employers. Conflicts of interests may occur in connection with the renewal of a collective agreement. In this case, an attempt at mediation is made by the Public Conciliator in order to avoid further conflict, such as a general strike.
In addition, conflicts of interests may arise between trade unions and employers not covered by a collective agreement. During the period when a collective agreement is in force, conflicts of interests could also arise if, for instance, new technology in the workplace created new work not covered by the existing collective agreement. In both situations, the trade unions could take industrial action against the employer in order to obtain a collective agreement.
Collective labour law deals primarily with conflicts of rights. Conflicts of interests are mainly of a political/economic nature.
Developments in industrial action, 2012–2021
| 2012 | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | Source | |
| Working days lost per 1,000 employees | 4.1 | 372.1 | 6.8 | 3.7 | 5.8 | 10.5 | 7.5 | 3.1 | 3.1 | 85.6 | Authors’ calculations based on number of lost working days and employees in the Danish labour market (Statistics Denmark, RAS300) |
| Number of strikes | 225 | 197 | 318 | 158 | 144 | 426 | 148 | 150 | 135 | 160 | Statistics Denmark, work stoppages (ABST1) |
| Number of workers involved | 8,589 | 75,319 | 10,616 | 6,054 | 6,997 | 16,953 | 7,267 | 5,895 | 5,285 | 16,830 | Statistics Denmark, work stoppages (ABST1) |
| Number of working days lost | 10,200 | 930,300 | 16,900 | 9,400 | 15,400 | 28,100 | 20,300 | 8,400 | 8,500 | 243,400 | Statistics Denmark, work stoppages (ABST1) |
Collective dispute resolution mechanisms
Danish collective dispute resolution mechanisms consist of a number of out-of-court resolution mechanisms (various meetings between the parties and organisations involved) combined with the labour court system, consisting of the industrial arbitration tribunals and the Danish Labour Court.
Firstly the parties in the workplace and secondly the social partners have an obligation to resolve the conflict before it goes to court. This happens through meetings between the parties.
If the case concerns a breach of a collective agreement, it must ultimately be referred to the Labour Court. However, if there is disagreement concerning the interpretation of the agreement, the dispute must be settled by an industrial arbitration tribunal.
Individual dispute resolution mechanisms
The main individual dispute resolution mechanism is the civil court. Only collective disputes are taken up by the labour court system. Therefore, if a complainant’s union does not want to take up their case, or if the complainant has no union, the only possibility for the individual is to take the case to the civil court.
Use of alternative dispute resolution mechanisms
There is no information available from any source of statistics about how often alternative dispute resolutions are used. The labour market organisations do not monitor them or report on them to a common body or higher authority. However, it is commonly known that many disputes are resolved before they reach the official labour court system.
