Overview (table of contents) Chapter 1 the Labour Court
Chapter 2 Professional arbitration courts
Chapter 3 Enforcement, effective provisions and changes in other laws The full text of the law on labour law and Trade Union arbitration courts
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
The Labour Court
§ 1. Labour Court's jurisdiction includes the examination and decision referred to in § 9 cases.
(2). The Court has its seat in Copenhagen, but can be elsewhere in the country, when it is appropriate.
§ 2. The Labour Court consists of 12 ordinary judges and 31 alternates for these as well as of a President and five Vice-Presidents.
(2). On the recommendation of the President of the Court of Labour and the ordinary judges can employment Minister may decide to increase the number of Vice-Presidents of up to 7.
§ 3. The Court's ordinary judges and their alternates are appointed by the Minister on the recommendation of the employment the following organisations and authorities:
1) 3 full members and 6 alternates will be set by the Danish employers ' Confederation.
2) 1 full member and 4 alternates will be set by the Association of agriculture employers ' associations and the finance sector's employers ' Association jointly.
3) 2 full members and 4 alternates will be set by the Ministry of finance, Danish regions and at jointly.
4) 4 members and 10 alternates are set by the national organisation in Denmark.
5) 2 members and 7 alternates nominated by FTF, Central organisation and academic leaders ' Main organization in the community.
(2). The qualification is valid for 5 years from a 1. January and conducted every 5. year on the basis of the settings that the organizations and the authorities have informed the Court. Is a setting is not received by the end of december, will appoint the Minister of employment on their own, or the lack of it.
(3). Their appointments may be renewed.
(4). Depart a ordinary judge or alternate during the 5-year period, the appointment of a second for the remainder of the period after recommendation from the concerned organization or authority.
§ 4. The Court's President and Vice-Presidents must all meet the General conditions in order to be a judge. They are appointed by the Minister on the recommendation of the Employment Court of ordinary judges. The qualification is valid until the end of the month in which the person turns 70 years of age.
(2). The Court's President and Vice-Presidents are included on the in section 27, paragraph 1, specified list.
§ 5. The Labour Court shall be assisted by a secretariat. The Director of Secretariat shall comply with the General conditions in order to be a judge and shall be appointed by the Minister on the recommendation of the President of the Court of employment.
§ 6. For Labour Court judges and alternates as well as for the Presidency, and the Director of Secretariat applies the code of civil procedure act self-government of judges.
(2). The participating in the legal examination of a case, of its own motion verify whether there are reasons that can lead to disqualification.
(3). Objections to the capacity of a judge shall be made as far as possible, immediately after receipt of the notification of the judges who are to participate in the main debate, and should in any case be put forward before the main start of the debate. The presiding judge shall by decision decision on a judge's capacity. However, the decision taken during the main debate of the aggregate right. The judge whether if capacity raised questions, are not excluded from participating in the decision.
§ 7. In the main debates at the Labour Court involved a member of the Presidency as President and 3 ordinary judges or alternates from the employer and employee side, see. However, section 8.
§ 8. At the request of a party or of its own motion, the Tribunal may decide that the Presidency during the main debate will consist of 3 Presidents.
(2). A party that is not affiliated with one of the bodies or authorities, as referred to in section 3 (1) may require the matter dealt with and dealt with without the involvement of ordinary judges or alternates. In the decision of the matter involved in this case, only the presiding judge, who may or may not take a decision in accordance with paragraph 1.
§ 9. For cases brought before the Labour Court on the
1) violation and interpretation of one of the Danish employers ' Association and the national organization in Denmark approved the main agreement and of the corresponding main agreements and the main agreements,
2) violation of the collective agreements on wages and working conditions,
3) legality of the announced industrial action or warnings issued on this occasion, if the interested party hovedorganisa tion or bulk even if this is not a member of such, has protested to the organization or single business against the legality of martial crotch or notice by registered letter within 5 days after receipt of the notice, if formal or substantive legality that the protests are against ,
4) the existence of a collective agreement,
5) the legality of the use of collective action in support of demands for agreement on areas where collective agreement is not concluded,
6) disputes concerning competence of men, the conciliation
7) disputes about whether or not there is an agreement on professional arbitration, and on the interpretation of an agreement on professional arbitration and
8) refusal within the scope of section 32.
(2). Work stoppages must immediately be reported to the organizations, and joint meeting under the organizations ' contribution to discussion of a work stoppage to be held the day after its launch, except where the employment is terminated before the joint sitting holding the cessation.
(3). Proceedings under paragraph 1, nr. 1-3, can only be brought before the Labour Court, if the infringement is carried out or combat the crotch is announced or initiated by an employers ' organization or several members of such, of a single undertaking (a single man, company, stock or private limited company or public institution) or by an employee organization, or by members of such jointly. Access to bring such cases are also subject to the condition that no relationship is contained in the relevant collective agreement provisions in the opposite direction.
(4). In addition to the cases referred to in paragraph 1, cases involving disputes between employers and employees is brought before the Labour Court, when the court approves it and that between an employer and employee organization or between a single company and an employee organization has made a decision on the matter.
§ 10. Hear a case in its entirety under a professional arbitration, see. § 21, labour court can dismiss the case. The parties agree on the matter, the Court may, however, decide the matter. Hear the matter in part under a professional Court of arbitration, the Court may stay the proceedings, the arbitral award is rendered.
(2). Labour law can deal with a matter referred to it pursuant to section 9, although the attitude toward the law is of significance for the decision of the case.
§ 11. Proceedings under section 9 falls under the labour law, may not be brought before the ordinary courts, in accordance with article 3. However, paragraphs 2 and 3.
(2). An employee may institute proceedings before the ordinary courts about alleged pay claims, etc., if the person concerned provides evidence that he or she professional organization does not intend to launch industrial dispute procedures or treatment of the claim.
(3). An employer may bring proceedings in the ordinary courts for alleged claims, if the employer can establish that he or she not employers ' organisation intends to undertake industrial dispute procedures or treatment of the claim. However, this does not apply to public authorities and institutions, which are bound by a collective agreement entered into by or under the authority of the Ministry of finance, Danish regions or at.
§ 12. In the cases covered by section 9 (1) (8). 1 and 2, and paragraph 4, can the Labour Court sentenced the participant in the agreement unconstitutional conditions a bod, which shall accrue to the complainant. BOD can also ordered the improperly refusing to let a case process by professional arbitration, see. section 32.
(2). Penance cannot be condemned to the participants in a work stoppage, which has resumed work before the holding of the joint meeting referred to in section 9, paragraph 2, or have followed a recommendation from this meeting to immediately go to work, unless it is established that the work cessation has missed reasonable grounds and must be considered as part of a systematic action.
(3). Consists of infringement of the collective failure to pay an amount of money owed, can the sentence instead of bod go out on payment of the amount.
(4). When nothing else prior is adopted, there may only be imposed on an organization liability when it has been involved in the sanction.
(5). The booth shall be determined having regard to all the circumstances of the case, including the extent to which the infringement have been excusable from offenders page. In the assessment of an agreement contrary to the work stoppage should therefore be taken into account, whether from the other person's page has no previous relationship such that working the cessation shall be deemed to be an understandable response.
(6). Under special extenuating circumstances, an otherwise inflicted penance may be canceled, and it must be canceled, when the collective dispute behavior from the other party's side is estimated to have provided reasonable grounds for a work stoppage. The same applies if it is established that a work stoppage is due to trivselsmæssige factors, which the other party is responsible for.
(7). As a specific aggravating circumstance must it be considered that the offender still further obliged to do so have refused to let the matter settle by arbitration or has acted in breach of an arbitration award or one of the Labour Court judgment.
(8). In cases of cold cuts on the occasion of the alleged agreement breach and on the imposition of penalties for doing so, the Court may secrete question for later decision bods.
§ 13. Case brought by and against the concerned employer or employee organization, irrespective of whether the infringement is made or collective action is announced or initiated by or against individual members of the organization. Is an organization member of a more extensive organization, the case must be brought by and against the latter organization. Arbejdsgiverparten is a single undertaking, see. § 9, paragraph 3, which is not connected to an employers ' organisation brought proceedings by or against the single undertaking.
(2). There is no limitation in the parties ' access to let meeting separately in the Labour Court, by an authorised agent.
§ 14. Case litigated by the filing of a written appeal to the Labour Court.
(2). The notice of appeal must contain
1 the name and address of the parties),
2) the complainant's allegation,
3) a brief statement of the facts upon which the claim is being supported, and
4) an indication of the documents and other evidence which the complainant intends to rely.
§ 15. The secretariat will send as soon as possible, a copy of the notice of appeal with the annexes to the respondent and at the same time, this urge to reply in writing to any annex. If necessary, leave the secretariat serve the notice of appeal to the respondent in accordance with the rules of civil procedure act of service.
(2). The defence shall contain
1) defendant's claim,
2) a brief statement of the facts upon which the claim is being supported, and
3) specifying the documents and other evidence, the respondent will invoke.
§ 16. The preparation of the case for the possible main debate is taking place in one or more preparatory hearings.
(2). During the preparatory hearings can be covered in the Court by the President, one of the Vice-Chairpersons or the Director of Secretariat.
(3). With the consent of the parties, the Court may decide the matter on a preliminary hearing. The decision can be taken by agreement with the parties ' decision.
(4). The preparatory hearings held behind closed doors, without prejudice. However, paragraph 5. With the accession of the parties, the presiding judge may, however, permit anyone other than the parties ' representatives to attend hearings.
(5). Meetings to be held with a view on the merits of the decision in accordance with paragraph 3, takes place for opening doors. The President may, however, decide that, exceptionally, the doors must be closed.
§ 17. The main debate shall apply mutatis mutandis the rules of civil procedure act on the main debate of civil cases in 1. instance.
(2). The main debate going on for opening doors. The President may, however, for the sake of peace and order in the courtroom to decide, by way of exception, the doors must be closed.
§ 18. The judgment shall be adopted with a vote and after prior consultation. The deliberations happen orally, and presiding judge votes always last. In the vote, only the judges who have attended the hearing in its entirety. The votes cast shall be entered in the excerpt in the electoral paper.
(2). The decision shall be taken after the vote of the majority.
(3). Draft judgment drawn up by the President, after which the final text adopted by the participating judges.
§ 19. The verdict, handed down in a public hearing at the reading of the judgment, the end must be accompanied by reasons, but do not contain information about the different opinions during the vote.
(2). By judgment shall be entrusted to the unsuccessful party to pay an amount to cover part of the cost of labour law. Exceptionally, the Court may oblige both parties to pay a portion of the amount.
§ 20. Civil Code provisions concerning the effect of a party no-show, if access to the resumption of civil cases settled by default judgment, and on extraordinary resumption of civil procedure shall apply mutatis mutandis in cases that are heard by the Labour Court.
(2). 3 members of the Labour Court's Presidency may exceptionally allow cases pursuant to section 16, paragraph 3, is decided by the President, will be resumed when the
1) it must be regarded as overwhelmingly likely to be the case without the applicant's errors have been wrongly informed, and that the case for a retrial will have a significantly different result,
2) it must be regarded as a given that the applicant only in this way will be able to avoid or create one for the applicant intrusive loss, and
3) circumstances, moreover, largely speaks for resumption.
Professional arbitration courts
§ 21. For professional arbitration courts be brought before
1) cases on the interpretation and understanding of collective agreements, with the exception of the main conventions and the main agreements, see. § 9 (1) (8). 1,
2) matters covered by article 9, paragraph 1, no. 1-4, when the parties by collective agreement, in accordance with the practice or in each case have agreed that the matter should be decided by professional arbitration, see. § 9 (3), 2. point, and
3) cases, including cases of legislation, moreover, by a collective agreement between the parties, in accordance with the practice or in each case has agreed to let determine by professional arbitration.
§ 22. Cases covered by § 21 (1). 1 and 2 may not be brought before the ordinary courts. section 11 (2) and (3) shall, however, apply mutatis mutandis.
(2). On cases covered by § 21 (1). 3, instead, may be brought by the ordinary courts, based on what has been agreed. If the agreement must be understood as meaning that the case cannot be brought before the ordinary courts, the provisions of section 11 (2) and (3) apply mutatis mutandis.
§ 23. The parties in a professional arbitration is the accord supporting organizations or collective supporting organisations and individual companies. The agreement bearing parties may agree that it should be left to a more comprehensive organization, to one of several agreement supporting organisations on either the worker or the employer's page or to a medlemsorganisa tion or member company of such an organisation to be a party.
(2). There is no limitation in the parties ' access to let meeting separately in a professional Arbitration Court by an authorised agent.
§ 24. The arbitral tribunal may treat a case brought pursuant to section 21, although the attitude toward the law is of significance for the decision of the case.
(2). The Arbitration Court may in an action brought pursuant to section 21 (1). 2, sanction agreement void after the rules in § 12.
(3). In so far as it follows from the Community law rules on the national course presentation of questions referred for a preliminary ruling of the European Court of Justice, can respectively be a professional Arbitration Court make such a submission.
§ 25. A professional Arbitration Tribunal consists of an umpire to be appointed by the President of the Court of Labour, without prejudice. section 27, as well as 4 other members, of which two members appointed by the workers ' Party and two members of the arbejdsgiverparten. Umpire acts as the Court's President.
(2). The parties may decide to establish the Tribunal with only 1 member from each side or without party nominated members.
(3). The parties may decide that the Presidency shall consist of 3 arbitrators.
section 26. A person cannot be a member of a professional Arbitration Court when the matter regards working conditions, which they have personal interest in.
(2). For umpire in the professional Arbitration Court applies the code of civil procedure act self-government of judges.
§ 27. The appointment of a judge as umpire for the professional arbitration happens, by Parties requesting to the Labour Court's President with the request. Then an umpire shall be appointed by the President of the Court of labour from a defined list of judges and, in General, in accordance with the parties ' option. The list shall be determined in accordance with the recommendation of the organisa-tions and authorities, as referred to in § 3, of the ordinary judges of the Labour Court, in cooperation with the Labour Court's Presidency.
(2). The designation of a judge, which are not included in the list referred to in paragraph 1, it shall also, by requesting the parties to Labour Court's President, who then takes a position on the nomination.
(3). If the parties want an umpire who is not a judge, shall appoint the President of the Court of umpire Working in accordance with the parties ' option, unless exceptional circumstances prevail.
section 28. Is there among the party nominated members consensus or majority support for the outcome of a case, the arbitral tribunal shall take the decision accordingly. Moreover, the decision of the umpire will be taken.
(2). Decision pursuant to paragraph 1 shall be taken by way of order. Order to be delivered as soon as possible and no later than 6 weeks after the recording to order, unless there are special circumstances.
(3). The party nominated members of the arbitral tribunal may agree to resolve the case settlement wise, including that the case is resolved, by waiving the complaint complaints. Such an agreement may be concluded until there is a ruling in the case.
(4). Umpire can in the immediate extension of the party designated voldgiftsrets members reserved judgment orally Express, what a opmands decision in the case will go on. The party nominated members can in such a case, the agreement to resolve the case settlement wise in accordance with this statement and in the connection agreement that the opmandens expression in written form between the parties must be attributed to effect as an order. Umpire shall draw up, where appropriate, a minute containing such a written statement and it entered into a settlement. The rule in paragraph 2 2. paragraph, shall apply mutatis mutandis to such a minute, however, the time limit is 4 weeks.
(5). An order under paragraph 2 shall be accompanied by reasons. The parties agree on the matter, the facts, evidence and arguments of the parties exclude rendering.
(6). The professional Arbitration Court concludes, moreover, matter, if
1) complainant waives his claim, unless the respondent opposes that case is resolved, and the arbitral tribunal finds that the respondent has a legitimate interest in a final settlement of the dispute,
2) parties agree to terminate the professional arbitration or
3) the professional Arbitration Court considers that the continuation of the arbitration proceedings for other reasons has become unnecessary or impossible.
(7). Orders can after anonymization pursuant to applicable rules shall be made public.
section 29. The arbitration debate applies with the necessary adaptations and derogations agreed code of civil procedure rules on the main debate of civil cases in 1. instance.
(2). The arbitration debate going on for opening doors. Umpire or the parties may, however, having regard to the nature of the case and the circumstances, decide that, exceptionally, the doors must be closed.
section 30. 3 members of the Labour Court's Presidency may exceptionally allow that cases are decided by a disciplinary court of arbitration shall be resumed when the
1) it must be regarded as overwhelmingly likely to be the case without the applicant's errors have been wrongly informed, and that the case for a retrial will have a significantly different result, and
2) circumstances, moreover, largely speaks for resumption.
(2). Give the labour court permission for a review procedure, consists of the arbitral tribunal Presidency of 3 arbitrators where one party puts forward the request to that effect.
section 31. The parties are paying opmandens fees and expenses with equal proportion for each. Each of the parties will arrange even own costs in connection with arbitration proceedings.
section 32. One of the parties refuses to let the case process by a professional Arbitration Court in accordance with the rules laid down in this law, either party may refer the issue of eligibility for employment law vægringens.
section 33. The provisions of this chapter shall apply, unless the parties to a collective agreement relationship has adopted technical provisions reassuring voldgiftsrets treatment.
(2). At any time between Danish employers ' Association and the national organization in Denmark agreed rules for the treatment of grievance (Norm) is in fact applicable, unless the parties to a collective agreement relationship has adopted rules concerning the processing and comforting decision of disagreement of professional character.
Enforcement, effective provisions and changes in other laws
§ 34. Labour Court judgments, decisions pursuant to section 16, paragraph 3, and decisions about legal costs and any decision taken by mediation, organisation and joint meetings as well as by professional arbitration courts, including notice boards shall be enforced in accordance with the rules of the code of enforcement of sentences.
(2). Settlement reached for the Labour Court and the mentioned industrial bodies may be enforced in accordance with the rules of the code of the enforcement of settlement agreements entered into before a court.
(3). Civil Code provisions on objections against the accuracy of judgments, etc. and settlement shall apply mutatis mutandis to objections made during the execution of the decisions and settlement, as referred to in paragraphs 1 and 2.
section 35. The law shall enter into force on the 1. March 2008.
(2). Act No. 183 of 12. March 1997 on labour law is repealed.
(3). The law applies to professional arbitrations initiated after the entry into force of the Act. § 34 shall apply to decisions taken after the Act's entry into force, and for decisions before the Act's entry into force, and which could be enforced according to law No. 183 of 12. March 1997 on labour law.
(4). The ordinary judges and their alternates pursuant to § 3 of the law No. 183 of 12. March 1997 on the Labour Court is appointed for 5 years from the 1. January 2008, continues until the appointment expires.
§ 36. The law does not apply to the Faroe Islands and Greenland.
section 37. The law on aviation regulation. lovbekendtgørelse nr. 731 of 21. June 2007, is amended as follows:
1. In paragraph 40 (d), paragraph 6, shall be replaced by ' section 22 of Act No. 317 of 13. June 1973 on labour law ' to: ' section 33 of the Act on labour law and Trade Union arbitration courts '.
section 38. The law on vocational training scene, etc., see. lovbekendtgørelse nr. 1321 of 27. November 2007, is amended as follows:
1. In article 6, paragraph 2, shall be replaced by ' section 22 of the law on labour law ' to: ' section 33 of the Act on labour law and Trade Union arbitration courts '.
§ 39. The law on work environment, see. lovbekendtgørelse nr. 268 of 18. March 2005, is amended as follows:
1. In section 10, paragraph 3, shall be replaced by ' section 22 of the law on labour law ' to: ' section 33 of the Act on labour law and Trade Union arbitration courts '.
§ 40. In Act No. 553 of 24. June 2005 on arbitration is amended as follows:
1. section 1, paragraph 5, 1. paragraph is replaced by the following: ' the law does not apply in relation to disputes that are processed by a professional Arbitration Court pursuant to § 21 of the basic regulation. section 33, paragraph 1, of the law on labour law and Trade Union arbitration courts. '
Given at Amalienborg, the 26. February 2008 MARGRETHE r./Claus Hjort Frederiksen