Key Benefits:
Chapter 1 Labor Law
Chapter 2 Fagas Arbitration
Chapter 3 Enforcement, effective provisions and changes in other laws
Law on labour law and professional arbitration
We, by God's grace, the Queen of the Danes, do our thing.
The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :
Labor Law
§ 1. The judicial authority of the court shall include the processing and decision of the cases referred to in Section 9.
Paragraph 2. The Court has its headquarters in Copenhagen, but it can be set elsewhere in the country where appropriate.
§ 2. The right of employment consists of 12 ordinary judges and 31 other members of the Court of Justice and of a chairman and five vice-presidents.
Paragraph 2. Following the recommendation of the Labour Office and the ordinary magistrates, the PM can decide to increase the number of Vice-Presidents up to 7.
§ 3. The court's ordinary judges and alternates shall be appointed by the Minister for Employment in accordance with the recommendation of the following organisations and authorities :
1) 3 ordinary members and 6 alternates are nominated by Danish Employers ' Association.
2) 1 ordinarily member and 4 alternates are suspended by the Federation of the Landings ' Employers ' Employers and the Community ' s working party community.
3) 2 ordinary members and four alternates are nominated by the Ministry of Finance, Danish Regions and KL, together.
4) 4 ordinary members and 10 alternates shall be set by the country organisation in Denmark.
5) 2 ordinary members and seven alternate members are nominated by the FTF, the Central Organization of the Akademics and the leaders of the leaders of the leaders of the leaders of the Leders.
Paragraph 2. The figure for a five-year figure is from 1. January and every 5 shall be made. the year on the basis of the settings notified by the organisations and authorities. If an option is not received by the end of December, the employment minister will be appointed by his own hands on the missing person or the missing.
Paragraph 3. Redeform can take place.
Paragraph 4. Where an ordinary judge or alternate in the course of the 5-year period is passed, another for the remaining part of the period following the recommendation of the person organisation or the authority shall be dissed.
§ 4. The President and Vice-Presidents of the Court must all fulfil the general conditions for being a judge. You are appointed by the Employment Minister, on the recommendation of the court's ordinary judges. The figure shall be valid until the end of the month in which the person concerned is 70 years old.
Paragraph 2. The Chairman and Vice-Presidents of the court are part of the section in section 27 (2). 1, list.
§ 5. The court shall be assisted by a secretariat. The secretariat of the secretariat shall comply with the general conditions to be a judge and appointed by the Employment Minister, on the basis of the recommendation of the court.
§ 6. For the judges and the members of the court and the secretariat of the presidency and the secretariat of the secretariat, the inhabilisation rules for judges shall be subject to the rules governing the law of the law.
Paragraph 2. The person participating in the assessment of a case shall be subject to its own operation to ensure that there are reasons for inhabilisation.
Paragraph 3. The objections to the hability of a judge shall be made immediately following receipt of the notification of the judges to participate in the main debate, and in any case should be made before the beginning of the main negotiation. The court chairman shall decide on a judgment on the hability of a judge. However, during the course of the debate, the decision is made by the general The judge, whose capacity has been raised, is not excluded from participation in the decision.
§ 7. In the main proceedings of the Labour Court, a member of the Presidency as the Chair and 3 ordinary judges or alternates from the employer and employees of the Member State shall be provided, in accordance with the provisions of the latter, respectively. However, § 8.
§ 8. At the request of a Party or of its own operation, the court chairman may decide that during the main debate the Presidency shall consist of 3 presidents.
Paragraph 2. A party that is not associated with one of the organisations or authorities referred to in section 3 (3). 1 may require the matter to be dealt with and sentenced without complicity of ordinary judges or alternates. In such cases, the decision shall, if appropriate, be taken by the chairman, who may, where appropriate, decide in accordance with paragraph 1. 1.
§ 9. In the case of the labour law, cases are
1) an infringement and interpretation of one of the Danish Labour Organization and the Country Organisation in Denmark adopted the general agreement and the corresponding main agreements and the main agreements ;
2) in violation of collective agreements on salary and working conditions,
3) the legality of the collective action or omens issued in this case if the main organisation of the party concerned or the party itself, if it is not a member of that, has protested against the organisation or, a single undertaking against the legality of the fighting step or at least by registered letter within five days of receipt of the notice, the formal or material legality of which is protested against,
4) the existence of a collective agreement,
5) the legality of the use of collective action to support requirements for agreements in areas where collective agreements have not been concluded ;
6) Convices of the competence of the Conciliation Committee,
7) Disputes on the existence of an agreement on the subject of a professional arbitration and on the interpretation of a professional arbitration ;
8) growing covered by Section 32.
Paragraph 2. Workpositions must be reported immediately to the organizations, and joint meetings of the organisations of the organisations to discuss a work stand are to be held the day following its implementation unless the performance is stopped before the end of the day, unless the working time is stopped. the organisation of the joint meeting.
Paragraph 3. Cases from paragraph 1. 1, no. 1 3, may be submitted only to the right of labour, if the infringement is made or the action taken by an employer organisation or several members of such a single undertaking (single-man, company, share-eller, anpartmental or public institution, or of a person ' s employees ' organisation or of members of the community. The access to such cases shall also be conditional on the fact that the said Agreement is not in the opposite direction.
Paragraph 4. In addition to the cases referred to in paragraph 1, 1, matters relating to the inconsistencies between employers and employees may be brought to the Court of Health when the court approves of it and between an employer and employee organization or between a single undertaking and a payroll organization ; is agreed on.
§ 10. Hear a case in its entirety under a professional arbitral tribunal, cf. Section 21, the Court of Labour may dismiss the case. If the parties agree on that, the court can decide that. If the case is partially part of a professional arbitral tribunal, the court may defer the proceedings until the arbitral tribunal has been refused.
Paragraph 2. The right to work may be dealt with on a case in accordance with Article 9, although the position of legislation is of relevance to the decision.
§ 11. Cases that, after paragraph 9, fall under the right of the Labour Court, cannot be placed on the ordinary courts, cf. however, paragraph 1 Two and three.
Paragraph 2. A salary receiver may take a case by the general courts on alleged salary receits and so on, if the person concerned proves that the professional organization does not intend to initiate the subject matter of the requirement.
Paragraph 3. An employer may take a case to the general courts of alleged claims receivers, if the employer proves that the employer organization does not intend to initiate the subject matter of the requirement. However, this does not apply to public authorities and institutions bound by a collective agreement by or under the authority of the Ministry of Finance, Danish Regions or KL.
§ 12. In matters covered by section 9 (4), 1, no. Paragraph 1 and 2, and paragraph 1. 4, the Court of State may, in accordance with the Agreement, the participant in the collective agreement of a penalty to be added to the complainant. Penalties may also be deemed to be unduly abraviated by allowing a case to be dealt with in the case of a professional arbitration, cf. § 32.
Paragraph 2. Penalties cannot be imposed on the participants in a working stop to resume the work before holding the common meeting referred to in section 9 (4). 2, or has followed a recommendation from this meeting to go to work immediately, unless it is justified that the performance of the work has been missing reasonable grounds or is considered as part of a systematic action.
Paragraph 3. Determines the collective bargaining of the payment of a debit of monetary amounts, the judgment may be made, instead of penalties, on payment of the amount.
Paragraph 4. When the second is passed, an organisation may be charged with legal responsibility only when it has made a partial in the affected conditions.
Paragraph 5. The penalty shall be determined taking into account all the circumstances, including the extent to which the offence has been inexcusable from the transgree of the breachers. Thus, in the assessment of a non-labour dispute settlement, account must be taken of whether, on the part of the part of the counterpart, the condition of such a type is that the performance must be considered to be a comprehensible reaction to that.
Paragraph 6. In particular, any mitigating circumstances may a penalty be lapsed, and it shall be suspended when collective bargaining is estimated to have given reasonable cause to the performance of the part of the counterpart. The same applies when it is established that a performance is attributed to trifling factors for which the counterpart bears responsibility.
Paragraph 7. As a particularly circumcised circumstance, it is considered that the breeders, although collective bargaining, have refused to allow the trial to be determined by arbitration or has acted contrary to a court of arbitration, or by a court of law.
Paragraph 8. In cases of alleged collective bargaining and the imposition of penalties, the court may dispose of the question of the penalty for subsequent decision.
§ 13. The case shall be considered by and against the employer or employee organization, whether or not the infringement has been carried out or collective action is alert or initiated by or against individual members of the organisation. If an organization member is a more comprehensive organization, the case should be considered by and against the latter organisation. Is the employer ' s party a single undertaking, cf. Section 9 (1). 3 which are not connected to an employer ' s organisation shall be attached to the case or against the individual company.
Paragraph 2. There is no restriction on the access of the parties to the meeting of the Labour Court during the trial of the court.
§ 14. Case is placed on the handwriting of the right to the right to work.
Paragraph 2. The class confession must include :
1) the name and address of the parties ;
2) allegation of complain
3) a brief presentation of the facts on which the claim is supported ; and
4) Indication of the documents and other evidence which the complainant intends to invoke.
§ 15. The Secretariat shall send a copy of the complaint annexes to the letter as soon as possible and invite this to give a reply written in any Annex. If necessary, the secretariat shall allow the complainant of the complainant to the complainant of the rules of the law of the law on service.
Paragraph 2. Reply-confessed must contain
1) allegation allegation,
2) a brief presentation of the facts on which the claim is supported ; and
3) Indication of the documents and other evidence lodged will be invoked.
§ 16. The preparation of the case for possible main debate is taking place in one or more preparatory court meetings.
Paragraph 2. During the preparatory proceedings, the President, one of the Vice-Presidents or the secretariat of the secretariat, shall be brought to the attention of the President.
Paragraph 3. With the consent of the parties, the court can decide the matter at a preliminary hearing. The decision may, with the initiation of the parties, be made by decision.
Paragraph 4. The preparatory court meetings shall be held for closed doors, cf. however, paragraph 1 With the accession of the parties, the rule of law may, however, permit other other than the party representatives to be delegating to the proceedings.
Paragraph 5. Meetings to be held for the purpose of the decision in accordance with paragraph 1. 3, takes place on open doors. The court chairman may, however, decide that the doors must be closed in exceptional circumstances.
§ 17. In the case of the main debate, the necessary adjustments shall apply to the rules governing the main debate on the main debate on civil matters in 1. instance.
Paragraph 2. The main debate is for open doors. However, in the light of the rule of law, the court chairman may decide to close the doors in exceptional circumstances.
§ 18. The judgment shall be adopted by the vote after the prior consultation. The advisory and the vote will take place orally, and the chairman will always vote in the end. In the vote, only the judges who have witnessed the oral debate in its entirety have been present. The votes cast shall be recorded in the votes in the voting book.
Paragraph 2. The decision shall be taken by the majority.
Paragraph 3. Draft judgment shall be drawn up by the court chairman, after which the final text is adopted by the participating judges.
§ 19. The judgment given in a public hearing at the end of the end must be accompanied by reasons, but not containing information about the different opinions during the vote.
Paragraph 2. In the case of judgment, it shall be charged to the losing part to pay a total of partial coverage of the labour law ' costs. The Court may, exceptionally, instrumental both parties to pay a part of the amount.
20. Legal action on the impact of a party's external action, whether access to the resumption of civil proceedings, which is decided by non-absence, and whether the exceptional resumption of civil proceedings shall apply mutatis mutilation to cases which : being handled by the Court of Health
Paragraph 2. 3 members of the presidency of the Working Party may, exceptionally, allow cases to be referred to in section 16 (1). 3, is decided by the President of the court, when the proceedings are taken,
1) it is likely to be considered likely that the case without the applicant ' s fault has been untrue and that the case after a resumption will have a significant different result,
2) it shall be deemed to have been granted only by the applicant to avoid or establish one for the applicant for an intervention in the same way, and
3) the circumstances, by the way, are very much in favour of resumption.
Fagas Arbitration
§ 21. In the case of professional arbitration proceedings,
1) cases of interpretation and understanding of collective agreements, with the exception of the main agreements and head agreements, cf. Section 9 (1). 1, no. 1,
2) cases covered by Section 9 (3). 1, no. 1-4, when the Parties to collective agreements, in accordance with the practice or in the individual cases, have agreed that the matter should be settled by the professional arbitration, cf. Section 9 (1). THREE, TWO. pkt., and
3) cases, including cases of legislation, to which the parties, by the way of collective agreement, in accordance with the practice or in the individual cases, have agreed to determine the arbitration of the professional arbitration.
§ 22. Cases covered by section 21, no. 1 and 2 shall not be placed on the ordinary courts. Section 11 (1). However, 2 and 3 shall apply mutatis mutis.
Paragraph 2. Subject to section 21, no. 3, instead may be added to the general courts, of the agreement on what has been agreed. If the Agreement is to be understood in such a way that the case may not be applied to the general courts, section 11 (4) shall apply. 2 and 3, corresponding use.
-23. The Parties in a professional arbitration are the collective agreements or collective agreements of collective bargaining organisations and individual undertakings. The contracting parties may agree that it is left to a more comprehensive organisation, to a single by several collective bargaining organisations, either the worker or the employer, or to a member or organization ; or member establishment of such an organisation acting as a party.
Paragraph 2. There is no restriction on the access of the parties to a professional arbitral tribunal for the trial of the trial.
§ 24. The professional arbitrator may treat a case in accordance with section 21, even if the position of legislation is of relevance to the judgment of the case.
Paragraph 2. The professional arbitrator may, in a case, be made in accordance with section 21, no. 2, sanction collective bargaining in accordance with the rules of section 12.
Paragraph 3. To the extent the application of the rules of the European Union law on the submission of preliminary preliminary questions to the European Court of Justice of the European Communities may, respectively, the subject of a professional arbitral tribunal to submit such a presentation.
§ 25. A professional arbitral tribunal shall consist of a man appointed by the chairman of the High Representative, cf. section 27, and 4 other members, two of whom are designated by the employee ' s payroll and 2 members of the employer ' s party. The man acts as the chairman of the court.
Paragraph 2. The Parties may decide to establish the arbitral tribunal with just 1 Member from each side or without members of the party members.
Paragraph 3. The Parties may decide that the Presidency must consist of 3 opmants.
SECTION 26. A person cannot be a member of a professional arbitral tribunal when it relates to working conditions that they have personal interests in.
Paragraph 2. In the case of the professional arbitral tribunal, the inhabilisation rules governing the law of the courts shall be subject to the rules governing the law of the courts.
§ 27. The termination of a judge charged by the professional arbitral tribunal shall be made by the parties to appeal to the Chairman of the High Representative for this request. The chairman of the court shall then designate a person from a more precise list of judges and in general, in accordance with the position of the Parties. The list shall be determined in accordance with the recommendation of the organisations and authorities referred to in Section 3, by the ordinary judges in the Labour Court, in cooperation with the presidency of the Working Office.
Paragraph 2. Expiration of a judge not included in the list referred to in paragraph 1. The parties shall also address the appointment of the Chairman of the Office, which shall then adopt a position on the appointment of the Office.
Paragraph 3. If the parties want a man who is not a judge, the chairman shall appoint the chairman in accordance with the position of the parties, unless special circumstances apply.
§ 28. In the case of the members of the party members agree or majority in favour of the outcome of a case, the arbitral tribunal shall decide accordingly. By the way, the decision is made by the man.
Paragraph 2. Decision pursuant to paragraph 1. 1 shall be taken by the decision The warding must be made as soon as possible and within six weeks of the case of the case, unless exceptional circumstances are available.
Paragraph 3. The members of the arbitral tribunal may agree to conclude the matter in conciliation, including the closure of the case, by complainas waiving the complaint. Such an agreement can be concluded until such time as a verdict has been reached.
Paragraph 4. The honourable Member may, in the immediate extension of the party of the party concerned, voter orally indicate what a court order in the case will go on. The members of the party members may, in such a case, agree to conclude the matter in conciliation in accordance with this indication and in the context of the agreement that the declaration of the parties in writing between the parties must be attached to the effect as one of the parties concerned ; order. The man shall, if applicable, draw up a protocol containing such a written statement and a negotiated settlement. Rule of paragraph (1) TWO, TWO. a point, however, shall apply to such a protocol, however, for a period of four weeks.
Paragraph 5. A warrant after paragraph 1. Two must be accompanied by reasons. If the parties agree, the procedures, explanations and resubmission of the arguments of the parties may be omitted.
Paragraph 6. Moreover, the case of the arbitral tribunal is ending the case if :
1) the complainant shall disclose his claim unless complainant objects that the case is closed and the professional arbitral tribunal considers that objections have a legitimate interest in a final decision of the dispute ;
2) Parties to conclude the trade union arbitration ; or
3) the professional arbitral tribunal considers that a continuation of the arbitration case for other reasons has become unnecessary or impossible.
Paragraph 7. Events may, according to the applicable rules, be made public.
§ 29. In the case of arbitration, the necessary adjustments and agreed derogations shall apply to the rules governing the main debate on the main debate on civil matters in 1. instance.
Paragraph 2. The arbitration debate is taking place in the open doors. However, in the case of the nature and circumstances of the case, the man or the parties may decide to close the doors in exceptional cases.
-$30. 3 members of the presidency of the Working Party may, exceptionally, allow cases to be decided by a professional arbitral tribunal to be resumed when :
1) it is likely to be considered likely that the case without the applicant ' s fault has been untrue and that the case after a resumption will have a significant different result, and
2) the circumstances, by the way, are very much in favour of resumption.
Paragraph 2. If the Court of Office permits a renewed review, the tribunal of the arbitral tribunal shall consist of 3 opamen if one party makes a motion to this effect.
§ 31. The parties shall pay the man's fees and costs of equal share to each. In any case, each of the Parties shall refrain from the costs of the arbitration procedure.
§ 32. One of the parties is remoring by allowing the matter to be dealt with by a professional arbitration law, in accordance with the rules laid down in this law, each party may raise the issue of the eligibility of the Growth for the Court of Inquificy.
§ 33. The provisions of this chapter shall apply, unless the parties to a collective agreement have adopted provisions concerning the subject of professional arbitration proceedings.
Paragraph 2. For any time between the Danish Labour Organization and the Country Organisation in Denmark, the rules governing the treatment of the professional dispute (Normen) are in effect unless the parties to a collective agreement have been adopted by the Parties for handling and processing ; a decision of a difference of opinion.
Enforcement, effective provisions and changes in other laws
§ 34. The judgments of the court, decisions of section 16 (4). 3, and decisions concerning the costs of the proceedings and decisions taken at mediation, organisation and joint meetings, as well as by professional arbitration courts, including redundancy fittings, may be enforced after the rules of law relating to enforcement of judgments.
Paragraph 2. In the case of the right of labour and the specialisation law, the competent authorities may be subject to the rules of law relating to the enforcement of a right to a court for the law of the law of the law.
Paragraph 3. The provisions of the Court of Justice shall apply mutatis mutilation to the accuracy of judgments, etc. and conciliation shall apply by analogy to the objections raised during the enforcement of the decisions and conciliation referred to in paragraph 1. One and two.
$35. The law shall enter into force on 1. March 2008.
Paragraph 2. Law No 183 of 12. March 1997 on the Labour Court is hereby repealed.
Paragraph 3. The law shall apply to professional arbitration proceedings initiated after the entry into force of the law. Section 34 shall apply to decisions taken pursuant to the entry into force of the law and to decisions taken before the entry into force of the law and which could be subject to the law of paragraph 1. 183 of 12. March 1997 on the law of labour.
Paragraph 4. The ordinary judges and the alternates, as provided for in section 3 of the Act of Law. 183 of 12. March 1997 on the Court of Health has been appointed for five years from the 1. In January 2008, continue until the Beverage expires.
§ 36. The law does not apply to the Faroe Islands and Greenland.
§ 37. In the law on air transport, cf. Law Order no. 731 of 21. June 2007 shall be amended as follows :
1. I § 40 d, paragraph 1 6, is replaced by ' § 22 of Law No 1 317 of 13. June 1973 on the right of employment to : section 33 of the Law on Labour Law and the Arbitration Arbitration Body. '
§ 38. In the law on business basic training, etc., cf. Law Order no. 1321 of 27. In November 2007, the following changes are made :
1. I Section 6 (2). 2, in section 22 of the Law on the right to work law, section 33 of the Law on Labor Law and the Danish Arbitration Arbitration Body. '
§ 39. In the work environment, cf. Law Order no. 268 by 18. In March 2005, the following changes are made :
1. I ~ 10 (1)) 3, in section 22 of the Law on the right to work law, section 33 of the Law on Labor Law and the Danish Arbitration Arbitration Body. '
§ 40. Law no. 553 of 24. June 2005 on arbitration is amended as follows :
1. Section 1 (1). FIVE, ONE. pkt., ITREAS :
' The law shall not apply in respect of disputes treated by a professional arbitral tribunal pursuant to section 21, cf. Section 33 (4). 1, in the Law on Labour Law and the Arbitration Arbitration Body. '
