ICEM manual

Page 79

THE COMPANY ANGLE EMPLOYMENT FORMS IN DENMARK

EMPLOYMENT FORM DIRECT EMPLOYMENT, OPEN-END CONTRACT

REGULATION

EMPLOYMENT CONTRACT (EU) COLLECTIVE AGREEMENT

STRATEGY IN DK EMPLOYEES

STRATEGY IN DK EMPLOYER

ORGANISE IN TRADE UNION

COLLECTIVE AGREEMENTS

AGENCY WORKERS

EMPLOYMENT CONTRACT (EU) COLLECTIVE AGREEMENT

ORGANISE IN TRADE UNION (SAME AS DIRECT EMPLOYED)

COLLECTIVE AGREEMENTS WITH AGENCY COMPANY REGULATION IN AGREEMENT WITH RECIPIENT COMPANY LABOUR COURT

CONTRACT WORKERS

EMPLOYMENT CONTRACT (EU) COLLECTIVE AGREEMENT EU DIRECTIVE

ORGANISE IN TRADE UNION

COLLECTIVE AGREEMENTS INDIVIDUAL EMPLOYMENT CONTRACTS

SUB CONTRACTORS

COLLECTIVE AGREEMENT

ORGANISE IN TRADE UNION

COLLECTIVE AGREEMENTS MAKE A DEAL TO ONLY USE ORGANIZED SUB-CONTRACTOR COMPANY

79 In 2003, the agreement between the Danish Union of Electricians and its counterpart, the employers’ organisation Tekniq, was challenged by the employers when they allowed agency workers to work at a lower salary and at lower overtime pay, which went against what was agreed between the partners. DEF took the case to the Danish Labour court, which ruled that “If a member of Tekniq takes in agency workers, the recipient company must make sure that the agency worker follows the DEF-Tekniq agreement as long as they work under the agreement’s valid area”. A recent problem surfacing in Denmark, as well as in Sweden and a number of other countries, is that employers (faithful to the seven-headed monster principle) start to resort to other forms of ‘new employment’, mainly subcontracting, now that agency labour is starting to be more or less adequately regulated. In Germany, 10-15% of the workforce in the industries covered by German ICEM Affiliate IGBCE are agency workers, earning approximately 30% less than permanent workers. Some of these agency workers are former permanent workers, doing the same work at the same workplace, but for less money. A collective agreement was recently agreed in Germany between the DGB (the German union confederation) and the PEAs (Private Employment AgenICEM GUIDE ON CONTRACT AND AGENCY LABOUR 2008


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